Distinguishable Products and Tying Claims in Health Care Markets

Epstein Becker & Green
Contact

Epstein Becker & Green

The Supreme Court, in a case involving an alleged tie between the use of hospital operating rooms and related anesthesiology services, held that the identification of separate products was determined by demand. That is to say, the question is whether there is sufficient demand by patients seeking treatment at the hospital that is separate from the demand for connected anesthesiology services provided at the hospital. Under the facts of the case, the Supreme Court ruled that there was not sufficient separate demand for these services and, therefore, no viable tying claim.

Recently, courts have grappled with the issue of whether single-source contracting by a hospital system could, under certain facts, satisfy the elements of an unlawful tie. At least one court has refused to throw out claims of tying based on the allegation that a health system with market power for general acute care hospital services in one geographic area tied the sale of those services to the sale of general acute care hospital services offered by the same system in a separate geographic area. How this ultimately plays out could have significant implications for health care providers operating in different geographic markets.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green
Contact
more
less

Epstein Becker & Green on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.