The antitrust injuries and antitrust standing defenses/doctrines are alive and well in healthcare. A current situation, SCPH Legacy Corp. et al. v. Palmetto Health et al., implies that a rival isn’t necessarily probably the most legally appropriate complaintant to create an antitrust situation, particularly when the competitor’s alleged harm comes from elevated competition. This short article explains the court’s reasoning and makes some predictions for similar arguments later on.
On Feb 24, 2017, Judge Frederick F. Anderson from the District of Sc, granted a motion to dismiss all federal antitrust claims introduced with a small hospital chain against its bigger competitor for insufficient antitrust injuries and antitrust standing. A legal court held that poaching several doctors isn’t the kind of injuries the antitrust laws and regulations are made to safeguard once the suit is introduced with a competitor, which more direct plaintiffs exist.