The US Court of Appeals for the sixth circuit establishes test for determining whether the conduct of joint ventures should be analysed under the rule of reason test (The Medical Center at Elizabeth Place / Atrium Health System)

A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct of joint ventures when it is challenged as anticompetitive. The decision is also significant because the court describes some steps joint venturers can take to improve the odds that their conduct will be analyzed under the more lenient rule of reason. Introduction Last month, in The Medical Center at Elizabeth Place, LLC v. Atrium Health System, et al., a three-judge panel of the US Court of Appeals for the Sixth Circuit affirmed 2-1 the district court’s grant of summary judgment dismissing plaintiff The Medical Center at Elizabeth Place’s (MCEP) federal

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Authors

  • McDermott Will & Emery (Chicago)
  • McDermott Will & Emery (Washington)
  • McDermott Will & Emery (Chicago)
  • McDermott Will & Emery (Washington)

Quotation

Stephen Wu, Jeffrey Brennan, Ashley M. Fischer, Ashley McMahon, The US Court of Appeals for the sixth circuit establishes test for determining whether the conduct of joint ventures should be analysed under the rule of reason test (The Medical Center at Elizabeth Place / Atrium Health System), 25 April 2019, e-Competitions April 2019, Art. N° 90686

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