Kochert v. Greater Lafayette Health Servs.

Exclusive Contracts

Kochert, M.D. v. Greater Lafayette
Health Serv., No. 4:01CV0027 AS (N.D. Ind. Dec. 29, 2004)

An anesthesiologist
brought suit against a hospital alleging antitrust violations arising out
of her anesthesia subcontract not being renewed by the hospital. The hospital
in turn filed a motion for summary judgment. An anesthesia association had
entered into a contract with the hospital to be the exclusive provider of
anesthesia services at the hospital and the anesthesiologist was offered a
subcontract to provide anesthesia services at the hospital. Four years later,
the anesthesiologist’s subcontract was not renewed and the hospital merged
with another hospital at which the anesthesiologist had provided services.
The Anesthesiology Association subsequently contracted to be the exclusive
provider at that hospital as well. The district court held that the anesthesiologist
lacked standing to bring the antitrust action as she was no longer in the business
of anesthesia at the time the Association entered into the exclusive contract
with the second hospital. Furthermore, she could not establish an antitrust
injury because in order to prove such injury the anesthesiologist was required
to show there was harm to competition and she was unable to show any direct
anticompetitive effects. The court therefore granted the hospital’s motion
for summary judgment.