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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.