· 3/3/1989
Ronald A. Schachar v. American Academy of Ophthalmology, Inc.
Citations
- 870 F.2d 397
- 1989 U.S. App. LEXIS 3770
- 1989 WL 25505
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that boycotts and agreements not to distribute certain products are the types of enforcement mechanisms that may render speech actionable under the antitrust laws
- noting that, whenever one competitor’s statements about another are “false or misleading or incomplete or just plain mistaken, the remedy is not antitrust litigation but more speech — the marketplace of ideas”
- finding significant that defendant had “no authority over hospitals, insurers, state medical societies or licensing boards, and other persons who might be able to govern the performance of surgery”
- \antitrust law does not compel your competitor to praise your product or sponsor your work.\
- role of Sherman Act is not to evaluate the merits of an organization’s conclusion, just whether it had anticompetitive effect
- no restraint where defendant had “no authority over hospitals, insurers, state medical societies or licensing boards”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Easterbrook, Manion
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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