Houston partner Robert Wolin authored an article, "Passing Offense by Supreme Court Hits Health Care Provider Post-Reform Collaboration," which was published in the July 22, 2010, edition of the Bureau of National Affairs' Health Law Reporter.
According to Wolin, "The Patient Protection and Affordable Care Act (PPACA) encourages providers to consider many collaborative ventures . . . However, health care joint ventures formed by competing providers are likely to come under increased scrutiny following the U.S. Supreme Court's recent rare unanimous decision in the American Needle v. National Football League case. The court in the NFL case held that joint venture collaborators are not categorically immune from antitrust scrutiny under Section 1 of the Sherman Act if they form a single entity to engage in collective action."
Wolin continues: "The NFL case, which involved the licensure of NFL team logos to Reebok by an NFL joint venture company, National Football League Properties (NFLP), suggests that many health care provider joint ventures will be subject to Sherman Act ยง 1."
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