Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4

Characterization – Cartel-Like Behavior (Professional Restraint Cases)

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Characterization – Cartel-Like Behavior (Professional Restraint Cases)

  1. Quick Look Rule of Reason Analysis

  • Defines conduct as “akin” to price-fixing  quick look analysis to get to Per Se Rule

  • Only justification is off-setting, pro-competitive effects (i.e., increased efficiency)

  • Possible public good from increased professionalism, safety or keeping healthcare costs down d/n enhance competition

  • Catalano v. Target (1980)  Quick look to get to the Per Se Rule

  • Setting an element of the price (i.e., credit terms) is price-fixing

  • NOTE: some economists argue that changing a single term of a price d/n always fix its price

  • Superior Court Trial Lawyers Ass’n (1990)

  • Presumption of violation—intuitive anti-competitive qualities—is not for administrative ease, reflects recognition that certain cartel-like arrangements have a potentially negative impact

  • Illegal boycott  output-limiting cartel-like arrangement is per se illegal (still good law)

  • Refusal to compete w/each other w/respect to the insurers is anticompetitive; w/o the agreement, dentists would have provided x-rays to insurance companies

  • Restraint was unreasonable w/o countervailing justification

  • Court d/n analyze affect of collusion on prices or a relevant market!

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