The US Court of Appeals for the Sixth Circuit considers that activity in connection with a joint venture that is plausibly procompetitive is not subject to per se analysis or condemnation (The Medical Center at Elizabeth Place / Atrium Health System)

Plausible Pro-competitive Justifications Remove Joint Venture Restraints from the Per Se Rule* In The Medical Center at Elizabeth Place, LLC v. Atrium Health System, Case No. 17-3863 (6th Cir. Apr. 25, 2019), the Sixth Circuit held that activity in connection with a joint venture that is plausibly procompetitive is not subject to per se analysis or condemnation. In doing so, it aligned itself with the Second, Seventh, Eighth, and Ninth Circuits, and against the minority approach taken by the Eleventh Circuit. The Medical Center at Elizabeth Place (“MECP”) was a physician-owned for-profit hospital in Dayton, Ohio. It failed as a physician-owned enterprise and was sold to Kettering Health Network. MECP alleged that it failed because of the

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  • Orrick, Herrington & Sutcliffe (San Francisco)

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Howard M. Ullman, The US Court of Appeals for the Sixth Circuit considers that activity in connection with a joint venture that is plausibly procompetitive is not subject to per se analysis or condemnation (The Medical Center at Elizabeth Place / Atrium Health System), 25 April 2019, e-Competitions Bulletin April 2019, Art. N° 90625

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