Peacehealth

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

In a separate order filed concurrently with this order, we certified a question on Oregon price discrimination law to the Oregon Supreme Court. Accordingly, the opinion filed on September 4, 2007 is AMENDED as follows.

First, the last paragraph before section “I,” originally, 502 F.3d at 901:

shall be replaced by the paragraph:

Second, the entire text of the section titled “II B,” concerning Oregon state price discrimination law, 502 F.3d at 922, shall be replaced with:

Third, the section titled “IV,” originally, 502 F.3d at 930:

shall be replaced with:

Fourth, the section titled “V,” originally, 502 F.3d at 930:

shall be replaced with:

and the footnote that was originally footnote 31 with the following text, 502 F.3d at 930:

shall be placed at the conclusion of the amended sentence:

OPINION

McKenzie-Willamette Hospital (“McKenzie”) filed a complaint in the district court against PeaceHealth asserting seven claims for relief. Five of the claims arose under the federal antitrust laws: monopolization, attempted monopolization, conspiracy to monopolize, tying, and exclu sive dealing. The other two claims arose under Oregon…