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Antitrust Relief Limited Antitrust Relief - With FTC/DOJ Oversight H.R. 1304, the “Quality Health Care Coalition Act of 2000” THE LIMITED RELIEF PROVIDED BY H.R. 1304 WOULD NOT DISMANTLE OVERSIGHT AND ENFORCEMENT AUTHORITY OF THE FTC OR DOJ Under H.R. 1304, many actions by health care professionals would remain fully subject to the antitrust laws, including enforcement by the Department of Justice and the Federal Trade Commission as well as state enforcement authorities. For example, conspiring to act anticompetitively with other entities, coercing other health care professionals to join negotiations, price-fixing agreements, and agreements to exclude or harm competition of other health care professionals would all remain fully subject to the antitrust laws. H.R. 1304 IS A NARROW EXEMPTION THAT WOULD NOT WHOLLY EXEMPT HEALTH CARE PROFESSIONALS FROM ANTITRUST LAW Two existing antitrust relief laws that are very similar to H.R. 1304 allow farmers and fishermen to jointly negotiate contracts [Capper-Volstead Act (7 U.S.C. 291 (1922)) and Fisherman’s Marketing Cooperative Act (15 U.S.C. 521 (1934))]. Courts have ruled that these limited exemptions do not wholly exempt farmers or fisherman from antitrust laws. See, e.g., Treasure Val, Potato Bargaining Assn. V. Ore-Ida Foods, Inc., (9th Cir.) 497 F. 2d 203 (1974) and Sunkist Growers, Inc. v. Winckler & Smith Citrus Prod. Co., 284 F. 2d 1 (1960). Courts have routinely found that many actions of farmers and fishermen, that were subject to antitrust law and enforcement before these laws were enacted, are still subject to antitrust law and enforcement. See, e.g., United States v. Borden Co., 308 U.S. 188, 205 (1939) (prohibiting conspiracy with other entities to maintain artificial and non-competitive prices) and United States v. Maryland & Virginia Milk Producers Assn., 362 U.S. 458, 466-67 (1960) (prohibiting predatory practices to coerce others into joining cooperative). THE THREE-YEAR SUNSET AND THE IMPACT STUDY IN THE BILL ARE FURTHER ASSURANCES THAT ANY UNINTENDED OUTCOME COULD BE ADDRESSED WHEN CONGRESS REAUTHORIZES THE LEGISLATION AND AGAINST AMENDMENTS THAT GUT THE BILL AND THWART FREE MARKET NEGOTIATIONS Printer-friendly version Published Jun 4 2000 Return to Antitrust Relief