A. Many times, hospitals will enter into joint ventures with physicians to provide services or sell products. Recently, the FTC has indicated that it will examine physician joint ventures for possible violations of Sections 1 and 2 of the Sherman Act and Section 7 of the Clayton Act.

B. For purposes of Section 2 of the Sherman Act, the FTC will look to see whether the physicians in the joint venture are specialists whose patients are likely to be the primary consumers of the joint venture's services. If so, and the physicians constitute the majority of specialists in the area, the venture could be considered to be an attempted monopolization.

C. For purposes of Section 7 of the Clayton Act and Section 1 of the Sherman Act, the FTC would look to see whether there was any agreement among the providers to refer patients to the joint venture. If so, any anti-competitive effects would be weighed against the possible efficiencies that might be achieved.