Antitrust Suit Against Michigan Hospital Moves Forward As Both Sides Denied Summary Judgment

A federal district court denied summary judgment motions brought by both sides in the government's antitrust suit against a Michigan hospital alleging an agreement not to compete in violation of Section 1 of the Sherman Act. U.S. v. Hillsdale Community Health Center, 5:15-cv-12311 (E.D. Mich. May 31, 2017). The government had moved for summary judgement, arguing that a market allocation agreement existed between defendant W.A. Foote Memorial Hospital, d/b/a Allegiance Health ("Allegiance"), and a competing hospital that was per se unlawful or illegal under a "quick look" rule of reason analysis. Allegiance Health had moved for partial summary judgment, arguing for application of the full rule of reason analysis, rather than the abbreviated per se antitrust principles and the "quick look" test.