ARIZONA v. MARICOPA COUNTY MEDICAL SOCIETY

No. 80-419.

457 U.S. 332 (1982)

ARIZONA v. MARICOPA COUNTY MEDICAL SOCIETY ET AL.

Supreme Court of United States.

Decided June 18, 1982.


Attorney(s) appearing for the Case

Kenneth R. Reed, Special Assistant Attorney General of Arizona, argued the cause for petitioner. With him on the briefs were Robert K. Corbin, Attorney General, Charles L. Eger, Assistant Attorney General, Alison B. Swan, and Patricia A. Metzger.

Philip P. Berelson argued the cause for respondents. With him on the brief were Robert O. Lesher and Daniel J. McAuliffe.

Deputy Solicitor General Shapiro argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General McCree, Assistant Attorney General Baxter, Deputy Solicitor General Wallace, Barry Grossman, Robert B. Nicholson, and Nancy C. Garrison.*

Briefs of amici curiae urging affirmance were filed by William G. Kopit and Robert J. Moses for the American Association of Foundations for Medical Care; by Richard L. Epstein and Jay H. Hedgepeth for the American Hospital Association; and by M. Laurence Popofsky and Peter F. Sloss for California Dental Service.

Alfred Miller filed a brief for the American Association of Retired Persons et al. as amici curiae.


JUSTICE STEVENS delivered the opinion of the Court.

The question presented is whether § 1 of the Sherman Act, 26 Stat. 209, as amended, 15 U. S. C. § 1, has been violated by agreements among competing physicians setting, by majority vote, the maximum fees that they may claim in full payment for health services provided to policyholders of specified insurance plans. The...

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