North Carolina Lawyers Weekly
After a jury determined the merger of two manufacturers in the American doorskin market violated the Clayton Antitrust Act, the remedy included unwinding the merger and ordering the sale of the acquired company. Background JELD-WEN Inc. acquired a competitor, CMI, ...
Read More »Antitrust – Hospital Authority – Unfair Trade Practices Claim – ‘Corporation’ – 50 Percent Market Share
Even though plaintiffs claim the defendant-Hospital Authority is stifling competition, the Hospital Authority is not a “corporation” within the meaning of the Unfair Trade Practices Act, and its 50-percent market share is insufficient to constitute a monopoly under ...
Read More »Antitrust – Restraint of Trade – Chapter 75 – Hospital Authority – Constitutional – Monopoly
Under Badin Shores Resort Owners Ass’n v. Handy Sanitary Dist., 811 S.E.2d 198 (N.C. App. 2018), a hospital authority formed pursuant to the North Carolina Hospital Authorities Act – like defendant – is a quasi-municipal corporation exempt from liability ...
Read More »Antitrust – Chiropractors – Alleged Monopsony – Insufficient Market Power
The fact that large insurers contracted independently with an organization of 1,000 chiropractors (about half of North Carolina’s chiropractors) is not enough to show an illegal monopsony. The court grants defendants’ motions to dismiss. Even though the complaint’s allegations are ...
Tagged with: Chiropractors
Read More »Antitrust – Chiropractic Network – Monopsony Allegation – Market Power
Defendant Health Network Solutions, Inc., a practice association of North Carolina chiropractors, negotiates with health insurers on behalf of its members, who make up about half of North Carolina’s chiropractors. According to the non-member plaintiffs, this allows insurers to avoid ...
Tagged with: Chiropractic
Read More »Antitrust – Civil Practice – Class Action – Labor & Employment – No-Hire Agreement
Seaman v. Duke University (Lawyers Weekly No. 003-008-18, 25 pp.) (Catherine Eagles, J.) 1:15-cv-00462; M.D.N.C. Holding: With regard to plaintiff’s claim that Duke University and the University of North Carolina at Chapel Hill suppressed medical school faculty wages by agreeing ...
Tagged with: Civil Practice
Read More »Antitrust – Insulation Market – Sherman Act – Restraint of Trade & Monopoly – Tying & Exclusive Dealing
K-Flex, Inc. v. Armacell, Inc. (Lawyers Weekly No. 002-047-17, 9 pp.) (Terrence Boyle, J.) 5:17-cv-00279; E.D.N.C. Holding: Plaintiff, which manufactures elastomeric foam, alleges that defendant, a competitor which has 70 percent of the market for elastomeric foam and 90 percent ...
Tagged with: Sherman Act
Read More »Antitrust – Health Insurance – Chiropractors’ Network – Relevant Market – Tort/Negligence – Breach of Fiduciary Duty & Unfair Trade Practices Claims
Sykes v. Health Network Solutions, Inc. (Lawyers Weekly No. 020-084-17, 62 pp.) (James Gale, C.J.) 2017 NCBCD 72 Holding: In an antitrust case involving a network of chiropractors, the court rejects the non-participating plaintiffs’ attempts to define the relevant market ...
Tagged with: Health Insurance
Read More »Antitrust – CPA Board – Competitors – Administrative – Contract
In re Johnson (Lawyers Weekly No. 020-046-17, 19 pp.) (Gregory McGuire, J.) 2017 NCBC 39 Holding: Even though there are active CPAs on the North Carolina Board of Certified Public Accountant Examiners (the Board), (1) petitioners have not raised federal ...
Tagged with: Administrative
Read More »Antitrust – Civil Practice – Standing – Health Insurance – Hospital Contracts – ‘Anti-Steering’ Provisions – Class Action
DiCesare v. Charlotte-Mecklenburg Hospital Authority (Lawyers Weekly No. 020-041-17, 47 pp.) (Michael Robinson, J.) 2017 NCBC 32 Holding: Plaintiffs are insured under policies provided by two of the four major insurance companies in the Charlotte area. As such, plaintiffs have ...
Tagged with: Civil Practice
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