Tennessee Physician Competition Attorney
While the health care sector may be unique among other businesses, US and Tennessee antitrust laws apply to protect physician competition. If you are being adversely affected by another organization’s anticompetitive conduct, these statutes allow you to file a private lawsuit to enforce your rights. For more information about your legal options, please contact the Law Offices of George M. Sanders P.C. to schedule a consultation with a Tennessee physician competition attorney.
Federal and Tennessee Antitrust Laws Protect Physician Competition
There are two sets of laws that protect health care providers and other businesses from anticompetitive conduct:
- Two federal statutes, including the Sherman Act and the Clayton Act; and,
- Tennessee’s Unlawful Restraint of Trade and Discrimination.
Together, these laws make it illegal for organizations to engage in anticompetitive conduct that results in unlawful restraints on trade. The US Department of Justice – Antitrust Division and the Tennessee Attorney General are granted enforcement authority, which they can pursue through criminal charges, a civil lawsuit, or both. Through these legal efforts, the agencies can eliminate and penalize:
- Mergers that result in market domination;
- Misconduct in the peer review process;
- Group boycotts;
- Price-fixing; and,
- Other collusion or agreements that hinder physician competition.
Private Lawsuit to Enforce Your Rights
Though US and Tennessee officials have the power to enforce antitrust laws, they do not always act on their authority – or they are slow in doing so. Fortunately, these same laws allow for a private right of action for physicians threatened by anticompetitive conduct. When your practice is suffering financial losses on a daily basis, you have the power to take quick action regarding laws that protect physician competition.
You may have access to legal remedies if you can prove that:
- An organization possesses (or is likely to possess) market power in your region; and,
- The offending entity acquired (or is likely to acquire) this power through illegal acts that violate antitrust laws, as compared to lawful competition.
How a Tennessee Physician Competition Lawyer Can Protect Your Interests
The elements you need to prove in a physician competition case may seem straightforward, but these matters are complicated. The line between legitimate competition and violations of antitrust laws is not always clear, and the distinction is case specific. Plus, organizations that do collude will try to conceal their illegal acts.
Given these challenges, you need an attorney who has business acumen and meticulous knowledge of the relevant laws – federal, Tennessee and those of other states. It is also essential to partner with a firm that has investigative skills and resources. Factual evidence is crucial to support a claim for violation of physician competition laws. If successful, you may be eligible for:
- Monetary damages to cover your losses; and,
- Equitable relief or an order for the organization to cease and desist.
Call Now to Speak with a Tennessee Physician Competition Attorney
If you are a health care provider and have questions about your rights in an antitrust lawsuit, please contact the Law Offices of George M. Sanders, P.C. to schedule a free consultation. Whether you are in Tennessee or elsewhere in the US, our physician competition lawyers can explain how the laws work and tell you more about your legal remedies.