HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Wednesday, August 3, 2005

New Antitrust Cases

The Antitrust Practice Group of the American Health Lawyers Association published a "member alert" Tuesday highlighting two recent antitrust decisions:

  • Nilavar v. Mercy Health System-Western Ohio, No. 3:99cv612 (W.D. Ohio, July 5, 2005), pdf: "The U.S. District Court for the Southern District of Ohio has granted summary judgment to the defendants in a case involving a hospital system's exclusive contract with a radiology group. The court, applying geographic market analysis used in hospital merger cases, held that the plaintiff failed to present evidence of a proper geographic market."
  • Jackson, Tennessee Hospital Co., LLC v. West Tennessee Healthcare, Inc., o. 04-5387 (6th Cir., July 11, 2005), pdf:
    "The 6th Circuit, in Jackson, Tennessee Hospital Co. v. West Tennessee Healthcare, Inc., held that the state action doctrine immunizes from antitrust liability government hospital authorities and the private entities with which they contract. The defendants in this case were Jackson-Madison County General Hospital District (the Hospital District) an entity created by the State of Tennessee to own, manage, and operate hospital facilities and Blue Cross Blue Shield of Tennessee, a private payor with whom the Hospital District contracted. The plaintiff, a private hospital, filed suit alleging various anticompetitive acts, including exclusive contracting with doctors and insurance companies, acquiring real estate around the plaintiff's site to block its expansion, and bundling its services. The defendants claimed that the state action doctrine barred antitrust liability, an argument accepted by both the district court and the 6th Circuit."

I've quoted brief excerpts from the e-alert - there's more where that came from, but access is limited to members of the practice group.  [twm]

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