Sixth Circuit Reinstates Antitrust Challenge to Hospital Joint Operating Agreement



Jeffrey Brennan wrote this bylined article on The Medical Center at Elizabeth Place v. Atrium Heath System, in which the Sixth Circuit held that a Sherman Act antitrust case against a hospital joint operating agreement (JOA) could proceed. “The ruling is important for its analytical approach and interpretations of facts going to the central issue on appeal: whether the hospital parties to the JOA are subject to conspiracy allegations for actions taken through the joint venture, or instead are a single entity beyond the reach of [the Act],” Mr. Brennan wrote.

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