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SUMMIT HEALTH, LTD. v. PINHAS

No. 89-1679.

500 U.S. 322 (1991)

111 S.Ct. 1842

114 L.Ed.2d 366

SUMMIT HEALTH, LTD., ET AL. v. PINHAS.

Supreme Court of United States.

Decided May 28, 1991.

Attorney(s) appearing for the Case

J. Mark Waxman argued the cause for petitioners. With him on the briefs was Tami S. Smason.

Lawrence Silver argued the cause for respondent. With him on the brief were Maxwell M. Blecher and Alicia G. Rosenberg.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Rill, Deputy Assistant Attorney General Boudin, Lawrence S. Robbins, Robert B. Nicholson, Marion L. Jetton, and James M. Spears.*

JUSTICE STEVENS delivered the opinion of the Court.

The question presented is whether the interstate commerce requirement of antitrust jurisdiction is satisfied by allegations that petitioners conspired to exclude respondent, a duly licensed and practicing physician and surgeon, from the market for ophthalmological services in Los Angeles because he refused to follow an unnecessarily costly surgical procedure.

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