Antitrust & Federal Regulation Advisory: Hospital’s Refusal To Deal Is Good Medicine under the Antitrust Laws


On September 29, 2009, the U.S. Court of Appeals for the Tenth Circuit upheld the Colorado District Court’s holding that a hospital has no antitrust duty to share its facilities, and thereby affirmed the grant of summary judgment for the hospital against a complaining physician. Four Corners Nephrology Assocs. v. Mercy Med. Ctr. of Durango, No. 08-1231 (10th Cir., Sept. 29, 2009). The physician-plaintiff had alleged that the defendant-hospital’s decision to deal exclusively with its in-house nephrologist amounted to illegal monopolization of the nephrology services market.

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