J. Allen Ramey, M.D., Inc. v. Pacific Foundation for Medical Care
Opinion
Opinion
Brewster, J.
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
I. Case Type and Jurisdiction
Plaintiff is suing Defendant under the Clayton Act for treble damages and injunctive relief for alleged violations of § 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 . The Court has federal question jurisdiction over this action pursuant to 15 U.S.C. §§ 15 , 26 and 28 U.S.C. § 1337 . The parties have submitted cross-motions for summary judgment.
On January 22, 1998, the Court requested that the parties submit additional briefing on the following question: “Has the Plaintiff suffered an ‘antitrust injury5 cognizable under § 4 and § 16 of the Clayton Act? See 15 U.S.C. §§ 15 , 26; Brunswick Corp. v. Pueblo Bowlr-O-Mat, Inc., 429 U.S. 477, 97 S.Ct. 690 , 50 L.Ed.2d 701 (1977); Atlantic Richfield Co. v. USA Petroleum, 495 U.S. 328 , 110 S.Ct. 1884 , 109 L.Ed.2d 333 (1990).
II. Background
Plaintiff J. Allen Barney, M.D., Inc. (“Plaintiff ) is a corporation owned by Dr. Ramey that offers ear, nose, and throat (“ENT55) medical services in San Diego County. Defendant Pacific Foundation for Medical Care (“Defendant55 or “PFMC55) is a non-profit,…