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MED. CTR. AT ELIZABETH PLACE v. ATRIUM HEALTH SYS.

No. 14-4166.

817 F.3d 934 (2016)

The MEDICAL CENTER AT ELIZABETH PLACE, LLC, Plaintiff-Appellant, v. ATRIUM HEALTH SYSTEM, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 22, 2016.

Attorney(s) appearing for the Case

ARGUED: Richard A. Ripley , Haynes and Boone, LLP, Washington, D.C., for Appellant. Charles J. Faruki , Faruki Ireland & Cox P.L.L., Dayton, Ohio, for Appellees. ON BRIEF: Richard A. Ripley , Haynes and Boone, LLP, Washington, D.C., James Alan Dyer , Sebaly, Shillito & Dyer, Dayton, Ohio, Anne M. Johnson , Ryan Paulsen , Sally Dahlstrom , Haynes and Boone, LLP, Dallas, Texas, for Appellant. Charles J. Faruki , Laura A. Sanom , Faruki Ireland & Cox P.L.L., Dayton, Ohio, Thomas Demitrack , Jones Day , Cleveland, Ohio, for Appellees.

MERRITT, J., delivered the opinion of the court in which DAUGHTREY, J., joined. GRIFFIN, J. (pp. 945-53), delivered a separate dissenting opinion.

OPINION

Section 1 of the Sherman Act broadly prohibits "combinations in restraint of trade."1 Plaintiff claims that defendants conspired to deny it access to managed care contracts that plaintiff needed to compete in the hospital market in Dayton, Ohio. The question in this case is whether...

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