Patient Bill of Rights Discuss the Copperweld Corp

Patient Bill of Rights
Discuss the Copperweld Corp v Independence Tube Corp case questions
1.  If asked, could you explain the facts of this case to someone else? (With-out looking at the graphic, try graphic, try explaining it to someone nearby.)
2.  What would you say about Copperweld Corporation- rights? After all, it won the case but still has a competitor that it thought it was shielded from by the covenant not to compete.
3. Why is the covenant itself not a violation of the antitrust laws? (Or is it?)
4. Why can Copperweld assert against Independence Tube the noncompetition agreement when the agreement was with Lear Siegler and not with Independence Tube?
5. The Court makes a strong point that “Congress made a purposeful choice to accord different treatment to unilateral and concerted conduct”. Can you think of an area of criminal law in which a similar distinction is made? Do you agree that “concerted conduct” (joint action) should be treated differently?  Why or why not?
6. What are the implications be had the decision been different?
Reference to be used:
Showalter, J. S. (2008). The law of healthcare administration (5th ed.). Chicago: Health Administration Press

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