In Praise of Separation
This chapter offers a novel theoretical approach to the ethical hazards arising from public-private interactions. It outlines the role that separation of powers plays in the public sphere, regulating interactions between different branches of government. Antitrust or competition laws play a parallel role in the private sphere, regulating interactions among corporations. Given these norms for addressing reciprocity and influence in the context of public-public and private-private interactions respectively, the chapter makes the case for analogous norms to govern public-private interactions. Rationales for public-private partnerships (PPPs) are analogous to claims that have been decisively rejected when offered as justifications for violations of separation of powers. These rationales similarly fail to justify the public-private partnership paradigm. If public health agencies wish to preserve their independence, integrity, and credibility, they should maintain arm’s length relationships with industry. The chapter outlines a set of principles that can help public officials interpret existing norms (such as conflicts of interest policies) and develop new norms to govern interactions with the private sector.