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Published online by Cambridge University Press: 24 February 2021
1 115 S. Ct. 1671, 131 L. Ed. 2d 695 (1995).
2 Id. at 1679.
3 Id.
4 Id. at 1674.
5 Id.
6 Id. at 1675.
7 Id.
8 Id.
9 Id. at 1675-76.
10 Id. at 1676.
11 Id. at 1677.
12 Id.
13 Id.
14 Id.
15 Id. at 1679.
16 Id.
17 Id.
18 Id.
1 No. 94-30445, 1995 U.S. App. LEXIS 25711 (5th Cir. Sept. 11, 1995).
2 Id. at *25.
3 Id.
4 Id. at*30.
5 Id.
6 Id. at *1.
7 Id.
8 Id. at*10.
9 Id.
10 Id. at *31.
11 Id . at*18.
12 Id. at *32 (Garwood, J., concurring).
13 Id. at *31.
1 No. 95-2469, 1995 WL 566954 (8th Cir. Sept. 27, 1995).
2 Id. at *1.
3 Id.
4 Id. at *2.
5 Id.
6 Id. at*l.
7 Henderson v. Bodine Aluminum, Inc., No. 4:95-CV-1051-CAS, 1995 WL 449086, at *2 (E.D. Mo. June 15, 1995).
8 Henderson v. Bodine Aluminum, Inc., No. 95-2469, 1995 WL 566954, at *2 (8th Cir. Sept. 27, 1995).
9 Id.
10 Id.
11 Id. at *3.
12 Id.
13 Id.
1 No. 94-6467-HO, 1995 U.S. Dist. LEXIS 12011 (D. Or. Aug. 3, 1995).
2 Id. at *22.
3 Id. at *25.
4 Id. at *22.
5 Id. at * 1.
6 Id.
7 Id. at * 13.
8 Id. at *17.
9 Id.
10 Id. at* 19.
11 Id. at * 18.
12 Id. at *9.
13 Id. at * 12.
14 Id.
15 Id. at*14.
16 Id.
17 Id. at * 16.
18 Id. at *20.
19 Id. at *22.
1 No. 94-9204, 1995 U.S. App. LEXIS 25861, at *1 (2d Cir. Sept. 12, 1995).
2 21 U.S.C.A. § 360k (West Supp. 1995).
3 Becker, No. 94-9204, at *5.
4 Id. at *2-4.
5 Id. at *7.
6 Id. at *5.
7 Id. at *6.
8 Id.
9 Id. at *7.
10 Id. at *8.
1 65 F. 3d 1406 (7th Cir. 1995).
2 Id. at 1411.
3 Id. at 1410.
4 Id. at 1411.
5 Id. The court noted that terms “such as ‘HMO’ and ‘PPO’ are used to refer to a variety of different types of plan, which may vary in respects crucial to antitrust liability.“
6 Id. at 1408-09.
7 Id. at 1410. The court expressed skepticism about the validity of Compcare's underlying claim that it could not enter the market because Security had retained so many physicians. That assertion “seems unlikely since Security's almost 900 independent physicians are available to join other HMOs, along with an unknown number of physicians neither employed by the Marshfield Clinic nor retained by Security.“
8 Id. Substitutability of a provider outside the purported market, such as a PPO, for HMOs in supply and demand contexts, undercuts the argument that HMOs constitute a separate market.
9 Id.
10 Id. The court stated that the equal ability to start an HMO or a PPO implies “that if Security raised its prices above competitive levels, and if people had a strong preference for HMOs over [PPOs] despite the similarities between the two systems … . the operators of those plans would convert them to HMOs. If so, those plans are part of the same market as HMOs.“
11 Id. at 1411.
12 Id.
13 Id. The court stated that Compcare would have needed, at a minimum, to prove that Marshfield employed 50% of the physicians in the region in order to infer monopoly power from market share.
14 Id. at 1411-12.
15 Id.
16 Id. at 1412.
17 Id. at 1416.
18 Id. at 1411.
1 66 F.3d 639 (3d Cir. 1995).
2 Id. at 641.
3 Id. at 646.
4 Id.
5 Id. at 641.
6 Id. at 640.
7 Id. at 641.
8 Id. at 644.
9 Id.
10 Id. at 643.
11 Id. at 641.
12 Id. at 642.
13 Id.
14 Id.
15 Id.
16 Id. at 643.
17 Id. at 645.
18 Id.
19 Id.
20 Id. at 646.
21 The majority in Roe v. Wade, 410 U.S. 113 (1973) could not agree whether the right to an abortion was a fundamental right.