ANTITRUST

Jung v. Ass'n of Am. Med. Colls., No. 02cv00873 (D.C. Cir. June 1, 2006)

Three doctors brought an antitrust suit under the Sherman Act against teaching hospitals, medical schools, and nonprofit organizations involved in graduate medical education. The doctors claimed that the defendants participated in a conspiracy to restrain competition in the market for resident physician services. The appellate court affirmed the district court's dismissal of the action. The appellate court held that the Pension Funding Equity Act of 2004, which exempts "graduate medical education residency matching programs" from antitrust suits, directly applied to the lawsuit. The court pointed out also that it is permissible for Congress to amend laws to affect pending litigation.