The antitrust rules only apply to
activities affecting interstate
commerce.
A. In Summit Health, Ltd. v. Pinhas,
--U.S.--, 111 S.Ct. 1842 (1991), the Supreme Court
ruled that a hospital's revocation of one
physician's medical staff privileges affected
interstate commerce sufficiently to invoke the
jurisdiction of the Sherman Act. The court
presented a standard that the competitive
significance of the activity must be measured by a
general evaluation of the impact of the restraint
on other participants in the market from which the
individual was a member. If there is an impact in
that market, and that market affects interstate
commerce, then Sherman Act jurisdiction is
conferred. This case appears to effectively
precluded any hospital defense to an antitrust
suit based on lack of affect on interstate
commerce.