
The following is not meant to be legal advice.
On
In
The facts on PeaceHealth involved the market for primary and secondary acute-care hospital services in Lane County, Oregon. Plaintiff McKenzie owned a hospital that provided primary and secondary acute-care services. McKenzie alleged that PeaceHealth offered insurance companies 35 to 40 percent discounts on its tertiary services if the insurance companies made PeaceHealth their exclusive preferred provider of primary and secondary acute services. McKenzie alleged that this bundled discount was monopolization of the primary and secondary care services market in which McKenzie competed. Defendant PeaceHealth had three hospitals in the area that offered primary and secondary acute-care services, and specialized tertiary-care services that included neonatal and cardiovascular services.
In Broadcom v. Qualcomm, the Third Circuit held that a patent holder's deceptive conduct before a private standards-development organization may be against antitrust laws. The Third Circuit ruled that a patent holder's intentionally false promise to license essential proprietary technology is actionable anticompetitive conduct.
Broadcom alleged that Qualcomm, monopolized markets for cellular-telephone technology. Broadcom alleged Qualcomm violated Sections 1 and 2 of the Sherman Act and Sections 3 and 7 of the Clayton Act. The Third Circuit's opinion spoke of the risks associated with deceptive conduct in the private standard-setting process.





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