It is absolutely right. I say to the gentleman, they could be sued by the Federal Trade Commission. They could be sued by the Department of Justice. They could also be sued by the HMO, which would calculate for the year, let us say, how much additional costs the HMO had to pay out over what the contract would have been if they had only access to the emergency room 70 miles away, and multiply that additional cost by three, it is trouble damages in antitrust, plus the HMO would get its attorneys fees, because prevailing plaintiffs, not prevailing defendants, only prevailing plaintiffs get their attorneys fees in antitrust.
Andrea Joy Campbell: “It is absolutely right. I say to the gentleman, they could be sued by the Federal Trade Commission. They could be sued…”
Editor's note · Context
Discussing potential legal consequences for HMOs in antitrust cases.
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