When Negotiation Amounts To Price-Fixing

Law360, New York (June 13, 2008, 12:00 AM EDT) -- In a unanimous opinion issued on May 14, 2008, the U.S. Court of Appeals for the Fifth Circuit affirmed a 2005 Federal Trade Commission decision that North Texas Specialty Physicians, an association of independent competing physicians and physician groups located in the Fort Worth, Texas, area, engaged in horizontal price-fixing that was not related to any pro-competitive efficiencies.

The court therefore affirmed the FTC's decision that the association's conduct violated Section 5 of the Federal Trade Commission Act.

In September 2003, the FTC issued an administrative...
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