Arizona v. Maricopa County Medical Society
Arizona v. Maricopa County Medical Society | |||||||
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Argued November 4, 1981 Decided June 18, 1982 | |||||||
Full case name | Arizona v. Maricopa County Medical Society | ||||||
Citations |
S.Ct. | ||||||
Prior history | Certiorari to the United States Court of Appeals for the Ninth Circuit | ||||||
Holding | |||||||
The maximum fee agreements, as price-fixing agreements, are per se unlawful under § 1 of the Sherman Antitrust Act. | |||||||
Court membership | |||||||
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Case opinions | |||||||
Majority | Stevens, joined by Brennan, White, Marshall | ||||||
Dissent | Powell, joined by Burger, Rehnquist | ||||||
Blackmun, O'Connor took no part in the consideration or decision of the case. | |||||||
Laws applied | |||||||
Sherman Antitrust Act of 1890 |
Arizona v. Maricopa County Medical Society, 457 U.S. 332 (1982), is a case by the United States Supreme Court involving antitrust law.
Facts
Maricopa County Medical Society, by agreement of their member doctors, established the maximum fees the doctors may claim in full payment for health services provided to policyholders of specified insurance plans. Arizona filed a complaint against MCMS in Federal District Court, alleging that they were engaged in an illegal price-fixing conspiracy in violation of the Sherman Antitrust Act.
Judgment
In a 4–3 decision, the court held that the maximum fee agreements, as price-fixing agreements, are per se unlawful under § 1 of the Sherman Act.
Significance
In Maricopa, the Burger court deviated from the antitrust methodology based on the writings of Chicago School scholars Robert Bork and Richard Posner. In doing so, the court made "antitrust analysis once again confused and haphazard".[1]
See also
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- US antitrust law
- List of United States Supreme Court cases, volume 457
- Kiefer-Stewart Co. v. Seagram & Sons, Inc.
- Albrecht v. Herald Co.
Notes
References
- Leffler, Keith B. (1983), "Arizona v. Maricopa County Medical Society: Maximum-Price Agreements in Markets with Insured Buyers", Supreme Court Economic Review 2: 187–211, doi:10.2307/1147125.
- Cohen, Harry Philip (1981), "IPAs and Per Se Rules: Arizona v. Maricopa County Medical Society", Journal of Law, Medicine & Ethics 9 (5): 8–12, doi:10.1111/j.1748-720X.1981.tb00286.x.