Accrediting and the Sherman Act

The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the gra...

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Bibliographic Details
Published in:Law and contemporary problems 1994-10, Vol.57 (4), p.199-242
Main Authors: Havighurst, Clark C., Brody, Peter M.
Format: Article
Language:English
Subjects:
Accreditation
Accreditation - economics
Accreditation - legislation & jurisprudence
Agencies
American Medical Association
Anti-trust legislation
Antitrust
Antitrust Laws
Antitrust regulations
Boycotts
Economic Competition
Education, Graduate - standards
Government Agencies
Health administration
Health Facilities - standards
Higher education
Joint Commission on Accreditation of Healthcare Organizations
Joint ventures
Law
Law schools
Legal aspects
Legislation
Litigation
Market competition
Market power
Plaintiffs
Private sector
Private Sector - legislation & jurisprudence
Professional Practice - economics
Professional Practice - legislation & jurisprudence
Public policy
Quality standards
Regulation
Regulation (accreditation)
Restraint of trade
Rule of reason
U.S.A
United States
United States Federal Trade Commission
USA
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Summary:The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.
ISSN:0023-9186
1945-2322
DOI:10.2307/1192063