In June, an antitrust suit brought by plaintiff ambulatory surgery centers ("ASCs") against a health system, health insurers, and a trade association survived a motion to dismiss. Last week, the ASCs' case cleared the hump of summary judgment and will now proceed to trial. Kissing Camels Surgery Center LLC et al. v. Centura Health Corp. et al., 1:12-cv-03012 (D.Col. August 28, 2015). The district court found sufficient evidence of a conspiracy to reduce competition for ambulatory surgery services, making summary judgment inappropriate. The attached antitrust alert, Kissing Camels Antitrust Suit Against Health System Moves Past Another Hump in the Road, provides some background on the case and considers the District Court's ruling against summary judgment, based on its finding that there was sufficient evidence of a conspiracy to reduce competition.
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