· 11/14/1927
United States v. Portenoy Co.
Citations
- 15 Ct. Cust. 307
- 1927 WL 29506
- 1927 CCPA LEXIS 124
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that before court engaged “in the micromanagement of the staffing arrangements ... under the aegis of the antitrust laws,” court needed “better reasons than the plaintiffs have given.”
- dissenting opinion by Cudahay, J., criticizing the majority for upholding dismissal on the pleadings alone
- describing the “conspiracy engaged in by BHS and STAR Anesthesia to eliminate 70% of pediatric anesthesiologists from providing pediatric anesthesia services in BHS facilities”
- collecting cases and noting that “[t]he cases involving staffing at a single provided STAR Anesthesia a true monopoly over the BHS hospital system”
- “Those cases [involving staffing at a single hospital] invariably analyze those circumstances under the rule of reason”
- “there is nothing obviously anticompetitive about a hospital choosing one staffing pattern over another or in restricting the staffing to some rather than many, or all”
Source: CourtListener parenthetical corpus (CC0).
Judges: Barber, Bland, Graham, Hatfield, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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