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Doctors’ Collective Bargaining Found "Inherently Suspect"

Date: 12/21/05

Source: The New York Law Journal. Reprinted with permission.

The Federal Trade Commission (FTC) characterized the collective negotiation of fees by a group of doctors in Texas as “inherently suspect” and therefore unlawful after only abbreviated antitrust analysis. In other recent cases, the European Court of First Instance upheld the 2001 decision of the European Commission (EC) to block the combination of General Electric (GE) and Honeywell but did not agree with part of the EC’s ruling, and a district court ruled that a purchaser of books on the Internet did not have standing to bring an antitrust claim challenging an agreement between two booksellers because the purchaser did not allege that it paid higher prices.

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