State action antitrust immunity for public hospitals: it depends on what you mean by "foreseeable".
The Supreme Court's refusal to hear an appeal from the Fifth Circuit's ruling on the application of state action antitrust immunity doctrine leaves a split in the circuits as to the proper test to apply to determine antitrust immunity for public hospitals. The circuits have either adopted a "foreseeable conduct from state policy" approach or a "policy from foreseeable conduct" approach. This Article analyzes the approaches and demonstrates that the "foreseeable conduct from state policy" approach is the better of the two methods.
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D016363:Antitrust Laws; D004465:Economic Competition / Q000331:legislation & jurisprudence; D006764:Hospitals, Community / Q000331:legislation & jurisprudence*; D013219:State Government; D014481:United States