Law Commons^™

Immunity Doctrine, Efficiency Promotion, And The Applicability Of Federal Antitrust Law To State-Approved Hospital Acquisitions, James F. Ponsoldt

Scholarly Works

The question whether hospitals should be regarded as private businesses, or alternatively as public utilities, in order to maximize productive and allocative efficiency, remains controversial. In recent years, the ability of American hospitals and doctors to provide excellent health care services has been hindered by rising costs and distribution problems. This combination of rising costs and decreased distribution has prevented medical services from reaching the portion of the American population that has the greatest need for these services.

In response to these problems, Congress in 1974 passed the National Health Planning and Resources Development Act (NHPRDA). The NHPRDA is designed …

The Unreasonableness Of Coerced Cooperation: A Comment Upon The Ncaa Decision's Rejection Of The Chicago School, James F. Ponsoldt

Scholarly Works

The Supreme Court's decision in the NCAA case, upholding that the NCAA's mandatory rules controlling the exclusive sale of television rights to intercollegiate football violate section 1 of the Sherman Antitrust Act, is important for several reasons. First, it is among but a few decisions to hold that a restraint of trade although no per se illegal is economically unreasonable under the rule of reason. Second, its implied questions about the goals and relevance of antitrust enforcement coincide with questions about the governmental regulation of business now addressed in law reviews, editorial pages, and by congressional committees. Last, it may …