EI Chairman Barry C. Harris Helps Aultman Healthcare Successfully Defend Against Monopolization & Conspiracy Claims.

EI Principal Barry C. Harris testified at trial in Ohio state court on behalf of Aultman Healthcare of Canton, Ohio. Aultman is a vertically integrated healthcare system that offers both clinical services and insurance products. Plaintiff Mercy Medical Center alleged that Aultman, through its insurance entity AultCare, made exorbitant payments to insurance brokers in order to get them to steer employers and other insurance customers to AultCare. Mercy further alleged that Aultman used this program to reduce competition and achieve monopoly power by foreclosing Mercy from a substantial portion of patients in two hospital markets. A jury found for Aultman on all of the antitrust counts. Dr. Harris explained why Aultman’s payments to brokers were a normal part of the competitive process. He also showed that the amount of hospital business associated with the AultCare payments was too small to have caused foreclosure or monopolization. Dr. Harris further explained that Mercy’s actual performance over more than ten years was inconsistent with its claims. EI Vice Presidents Laura Malowane and Stephanie Mirrow assisted Dr. Harris in his analysis.