New Braunfels Physician Competition Lawyer
Competition drives innovation, so any threats to free trade may carry significant consequences, especially in the healthcare sector where unlawful tactics affect the quality of patient care. There are competition laws to protect providers by allowing a private lawsuit regarding anticompetitive conduct. To learn more about your rights, please contact the Law Offices of George M. Sanders P.C. to schedule a consultation with a New Braunfels competition lawyer.
Federal and Texas Statutes Protect Physician Competition
The Sherman Antitrust Act and the Clayton Act are the two federal laws that make anticompetitive conduct unlawful in the health care sector. They both prohibit collusion, monopolies, and related arrangements in restraint of trade. The Texas Free Enterprise and Antitrust Act of 1983 closely parallel these two U.S. statutes, with a specific reference to following the laws at the federal level.
The US Department of Justice – Antitrust Division and Texas Attorney General are empowered with enforcement authority, which could come through either a civil lawsuit, criminal liability, or both. In the field of physician competition, these agencies may act to eliminate:
- Exclusive contracts or agreements that patients from seeking treatment through competing health care providers;
- Mergers that lead to monopolistic power or market domination;
- Use of threats or intimidation against physicians who refer patients to competitors;
- Abuses of the peer review or privilege processes;
- Illegal group boycotts; and,
- Many other collusive conduct that limits physician competition the Texas health care sector.
Enforcing Your Rights Through Private Civil Action
In addition to the power provided to the US and Texas Attorneys General, federal and state law allow a civil right of action to physicians who are adversely affected by anticompetitive acts. Private lawsuits are a powerful force in enforcing antitrust laws, since government officials may be slow to act. Delays cost your practice money, so you can take the initiative to sue in court to protect your own business interests.
Though every case is unique, the essential elements you must prove include:
- The offender has disproportionate or monopolistic market power; and,
- The organization gained this advantage through unlawful tactics, instead of earning a competitive edge by offering better patient care.
How New Braunfels Physician Competition Attorneys Can Help
Proving these essential elements is far more challenging than it appears on its face. The distinction between lawful physician competition and unfair restraints of trade is not always clear-cut. Plus, health care providers who do engage in monopolistic tactics will do their best to hide their actions.
It takes an attorney with in-depth comprehension in the relevant antitrust laws, along with exacting business knowledge to protect your rights in a physician competition case. Plus, the facts necessary to establish your case can only be obtained through meticulous investigation. If successful in the enforcement of antitrust laws through a private lawsuit, you may be entitled to:
- Monetary compensation for your losses; and,
- Equitable relief, such as a cease and desist order from the court.
Schedule an Appointment with a New Braunfels Physician Competition Lawyer
If you are a Texas physician whose interests are affected by monopolistic acts, please contact the Law Offices of George M. Sanders, P.C. to set up a consultation. Our New Braunfels physician competition attorneys can explain your rights and remedies under federal and state law.