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NORTH TEXAS SPECIALITY PHYSICIANS v. F.T.C.

No. 06-60023.

528 F.3d 346 (2008)

NORTH TEXAS SPECIALITY PHYSICIANS, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. American Medical Association; Texas Medical Association, Amicus Curiae.

United States Court of Appeals, Fifth Circuit.

May 14, 2008.

Attorney(s) appearing for the Case

Gregory S.C. Huffman (argued), William Mayer Katz, Nicole Leigh Rittenhouse, Thompson & Knight, Dallas, TX, for Petitioner.

Michele Arington (argued), John F. Daly, William E. Kovacic, Donald S. Clark, FTC, Washington, DC, for Respondent.

Harry M. Reasoner, Bruce Allen Blefeld, Vinson & Elkins, Houston, TX, Dionne C. Lomax, Vinson & Elkins, Washington, DC, for Amici Curiae, Am. Med. Ass'n and Texas Med. Ass'n.

Before KING, WIENER, and OWEN, Circuit Judges.

OWEN, Circuit Judge:

North Texas Specialty Physicians (NTSP) petitions for review of an opinion and order of the Federal Trade Commission (FTC or Commission) that found certain activities of NTSP constituted horizontal price-fixing unrelated to any procompetitive efficiencies,1 in violation of section 5 of the Federal Trade Commission Act.2 We conclude that the FTC's examination, although somewhat abbreviated...

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