The Sherman Anti-Trust Law: The Maricopa County Medical Society Case
The Sherman Anti-trust Law was enacted in order to impose regulations on the booming industrial companies of the late 1800’s. It was very easy at the time for people of the same profession to band together or merge companies to create situations in which they could all maximize profit to the detriment of the average consumer. The Sherman law made conspiracies, monopolies and contracts illegal. One such contract is known as a trust, such as the one represented by the Maricopa County Medical Society. The Medical Society consists of over 70 percent of the doctor in our county and they decided that it would not be in violation of anti-trust laws to fix a price-ceiling. Fixing prices is expressly forbidden as it prevents effective competition which …show more content…
Maricopa County Medical Society case, The state of Arizona sued the medical county for a alleged price-fixing, which is a violation of section 1 of the Sherman Act. The Medical Society was created as an insurance administrators for the doctors that belong to the society, which include 70% of doctors in Arizona. The organization adopted a schedule of fees imposing a maximum amount that member doctors could charge, which set a price ceiling on a large part of the medical industry. With the medical field being an expensive industry already, the price ceiling seemed like a good idea so that consumers were not easily taken advantage of. What the price ceiling does is immediately lowers competition that could have benefited from setting their own pricing. By setting any prices with a minimum or maximum, that group foolishly compromises the entire infrastructure in exchange for profit. Because of this, I believe the court will favor for the State of Arizona because the Medical Society set the price cap in order to benefit the member doctors over the non-member doctors, giving its members the advantage. Also because the per se rule, which is applicable to restraints of trades that are considered inherently anti-competitive, the price ceiling violates Section 1 of the Sherman Act, which would make the Medical Society guilty of its
Phoebe Putney Case
953 Words | 4 PagesSummary of Facts Federal Trade Commission v. Phoebe Putney Background. In an attempt to increase access to affordable care, the Hospital Authority Law, in Georgia (GA), states that “hospital authorities” can be developed to provide healthcare services in multiple counties. These hospital authorities can acquire, purchase, and lease multiple healthcare facilities. However, all actions of the hospital authority must benefit the community it serves. Phoebe Putney Memorial Hospital is owned by the Hospital Authority of Albany-Dougherty County (Authority).
Case Study Of Tally V. Smith
429 Words | 2 PagesThis Bill was attested by Carden and Dr Conway, whom testified that they were made to sign the papers without knowing its contents. Procedural History This Case was first heard at a Lower Tennessee Court where Judge (Chancellor Seth J. W. Luckey) dismissed the Bill of Sale. Issues 1. Whether Tally’s normal mental health was grounds to reverse the lower court’s decision to nullify the Bill of Sale.
Summary: The Case Of Abbott Laboratories V. Portland Retail Druggists 1979
840 Words | 4 PagesIn the case of Abbott Laboratories v. Portland Retail Druggists, the respondent brought an antitrust action against Abbott Laboratories claiming that they had violated the Robinson-Patman Act. The pharmaceutical manufacturers had sold drugs to not-for-profit hospitals at lower prices then to the commercial pharmacies (Showalter, pg 452). The Robinson-Patman Act of 1936, which was an amendment to the Clayton Antitrust Act (Elfand, n.d.), had made it unlawful to discriminate by placing a pricing difference between buyers of similar goods, when “the effect of such discrimination may be substantially to lessen competition” (Abbott Laboratories v. Portland Retail Druggists, 1976). As the petitioners, Abbott Laboratories claimed that the price
Corporate Personhood: Santa Clara County V. Southern Pacific Railroad
298 Words | 2 PagesFor several years, the law has treated corporations as metaphysical persons. This means that the law regards corporations as persons, but only for certain legal purposes. For example, corporations have some of the same rights as natural people do, such as the right to freedom of speech. Corporate personhood has evolved into a highly controversial topic since it was first established in the famous supreme court case, Santa Clara County v. Southern Pacific Railroad. This was a case where the Southern Pacific Railroad protested taxes placed on it by several counties in California.
Rick Perry Impact On Texas
751 Words | 4 Pages‘The number of medical malpractice lawsuits fell by nearly 2/3 between 2003 and 2011, and Texas has licensed nearly 30,000 more doctors since the passage of this bill.” It helps Texas have more intelligent and experienced doctors to take care of citizens of Texas in medical situations. Rick Perry has also refused to facilitate the government control of health care. Rick Perry has also helped form and pass a clean power plan to limit asthma attacks and premature birth rates in Texas. He has been our Governor since the year 2000 until now and was serving our nation in the Air Force at an earlier age.
Affordable Care Act Research Paper
955 Words | 4 PagesA Second Look at the Affordable Care Act David E. Mann, ABA American Military University POLS210 Abstract Since the passing of the Patient Protection and Affordable Care Act (PPACA), twenty-eight states have either filed joint or individual lawsuits to strike down the PPACA. This document will examine a few key elements that the President of the United States must take into consideration when reviewing the act and moving forward to either ratify the act, replace the act, or leave the act as it is. Topics that will be presented will include; the current issues being debated, two competing thoughts on how to fix the ACA, an evaluation of the preferred solution, and finally the responsibility of each level of government. Patient
Medicare Part D. The Hidden Evils: A Case Study
1224 Words | 5 PagesMedicare originally denied the (expensive) prescriptions for the suffering patient. The pharmacist then called the insurance to get authorization and was told to wait for a call back. Days later, an adjuster from Medicare called the pharmacy and told them to rerun the prescription. The adjustor also said that the nebulizer the pharmacy had in stock would not be covered and that they had to order a different one for the following day(Lee). What should have been a simple pick up for the patient led to a week's worth of aggravation and suffering as he was at home coughing and going without his much needed medicine.
Why Did The Federal Government From 1865 To 1900 Violate The Principles Of Laissez Faire
943 Words | 4 PagesThe Sherman Antitrust Act was passed by Congress with an almost entire majority in order to illegalize the combinations and trusts that the large corporations had been forming. Document M depicts the big bosses of the trusts domineering over the common men beneath them, which represents the reason why the Antitrust Act needed to be installed in the first place. Even the president, Grover Cleveland, believed that the powerful combinations that had formed where overwhelming the
Pros And Cons Of Obamacare In Texas
927 Words | 4 PagesCristina Briceno Texas Government Section 2306.S21 March 7, 2017 Medicaid and Obamacare in Texas Medicaid and other welfare programs have long been serving individuals living not just in Texas but in the United States as a whole. The Affordable Care Act is another one of those programs that was implemented by former President Obama to help insure the uninsured across the 50 states. While it does have many pros, some Americans believe that it is not working and that it is imposing a burden on those who do not benefit off of any welfare program or the Obamacare. Now, with Donald Trump as our President, one of his priorities is to repeal this Affordable Care Act that our former president had enforced and cut the budget for medicaid; and hopefully
Poverty In Texas Essay
654 Words | 3 PagesThe only thing that is foolish is the fact that the state did not opt in. The states which have participated in the Medicaid expansion have reported seeing a drastic declined in uninsured rates and the uncompensated cost that hospitals incur do to treating patients that are uninsured. As Texas Medicaid stands now, no person without a child qualifies, college students are disqualified, and a person with a child who earns over 19 percent of the poverty level are not qualified for assistance. This is a disgrace. The blame lies on the former Governor and Texas Legislature for this awful decision.
Surrogacy In Australia Essay
1325 Words | 6 PagesThis change of law could be achieved by creating a reasonable price range that will avoid
Memorandum To Office Of Secretary Les Singer
490 Words | 2 PagesA price ceiling is the maximum amount of money a company can charge for a product. Now by understanding price ceilings we can understand the effect of supply and demand, if demand increases but supply does not, then typically the price would increase, but there is a law stating if the price can not increase then this adjustment can not happen. This also causes problems with shortages which can become a fear with little gas around. With there being such a high demand for gas and supply being low it can cause a shortage.
Wrongful Death Case: The Hill V. Ohio County
165 Words | 1 PagesThe Hill v. Ohio County involves a wrongful death case in which the hospital refused to admit Juanita Monroe. She thought she was in labor. As a result, she delivered her child at home without medical attention and died shortly after giving birth. The plaintiff was Lorene Hill, administer of Monroe’s estate, against Ohio Country Hospital. The question arises whether there was a breach of duty by the hospital in accordance to the institution’s admission policy.
Physician Burnout
1567 Words | 7 PagesThe malpractice claims for that hospital went down by 70 percent in comparison to hospitals that acted as a control who only saw a 3 percent decrease. That’s a pretty big benefit for any facility, but this also offers a great deal of benefits for individual physicians, as well. No one wants to go through the situation of dealing with a malpractice suit, and this is a great benefit. There are more benefits to be gained.
Health Care Stakeholders Analysis
1010 Words | 5 PagesThe physician also risks not getting paid by the insurance company if they do not administer the less expensive treatment. This conflict could also be
More about The Sherman Anti-Trust Law: The Maricopa County Medical Society Case
Phoebe Putney Case
953 Words | 4 PagesCase Study Of Tally V. Smith
429 Words | 2 PagesSummary: The Case Of Abbott Laboratories V. Portland Retail Druggists 1979
840 Words | 4 PagesCorporate Personhood: Santa Clara County V. Southern Pacific Railroad
298 Words | 2 PagesRick Perry Impact On Texas
751 Words | 4 PagesAffordable Care Act Research Paper
955 Words | 4 PagesMedicare Part D. The Hidden Evils: A Case Study
1224 Words | 5 PagesWhy Did The Federal Government From 1865 To 1900 Violate The Principles Of Laissez Faire
943 Words | 4 PagesPros And Cons Of Obamacare In Texas
927 Words | 4 PagesPoverty In Texas Essay
654 Words | 3 PagesSurrogacy In Australia Essay
1325 Words | 6 PagesMemorandum To Office Of Secretary Les Singer
490 Words | 2 PagesWrongful Death Case: The Hill V. Ohio County
165 Words | 1 PagesPhysician Burnout
1567 Words | 7 PagesHealth Care Stakeholders Analysis
1010 Words | 5 Pages