Anti-Trust Partnership or Joint Venture

Anti-trust partnership or joint venture with other health care organizations in the community makes sense on several levels. Firstly, it will increase the inter-organizational trust between our company and those currently experiencing uncertainty regarding the new policies. Partnerships will enable us to be completely transparent regarding our current and future operations, and how these can be mutually beneficial for both us, our partners, and our competition. It should therefore be taken into account that various laws govern partnerships and joint ventures.

These laws are enacted in order to prevent unfair competition and monopolizing practices. Most applicable to our specific situation is the Clayton Act, Title 15, Chapter I and II. Specifically, Section 18a of Chapter I and Subchapter I, Section 45 of Chapter II are important considerations for our partnership plans. When intending to form a partnership, Section 18 of Title 15, Chapter I requires businesses to file a premerger notification, after which there is a determined waiting period.

Filing should occur according to a predetermined set of rules and regulations, and the partnership can only come into effect once a certain waiting period has passed. The waiting period begins on the date when the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice receives the completed notification as required by the statute. The waiting period ends, at the earliest, on the thirtieth day after the notification has been received.

A later date may also be determined by all parties involved. Regarding our partnership plans, it is suggested that one partnership at a time be established. This practice will keep filing simple, and allow targeted negotiations during the waiting period. This waiting period is also a valuable time during which to establish the exact internal rules and regulations that will govern our partnership. Transparency and competition issues can then be clarified, determined, and sealed by the relevant contracts.

During the waiting period, other legal issues can also be considered, discussed and implemented in order to establish the most effective possible partnership. One of these is Chapter 2 of Title 15, Subchapter 1, Section 45. This Section regulates unfair methods of commerce and competition. These methods are declared as unlawful under the act. The Section specifically relates to national and local practices, as opposed to foreign trade, and therefore applies to our proposed partnership.

"Unfair" practices are defined as those practices that are likely to cause some injury to other businesses within the United States, or involving material conduct within the United States. When businesses engage in unfair or deceptive acts of commerce, they are obliged by law to provide remedies to all injured parties, whether foreign or domestic. The Sherman Act of 1890 and all its amendments should also be carefully scrutinized and implemented in our partnership ventures. This Act is the basis upon which most antitrust American laws are built.

Generally, businesses are prohibited from creating unfair competition in terms of pricing, quality, or a combination of the two. In conclusion, I believe that partnerships are an important way in which to establish inter-organizational trust between ourselves and other companies providing similar services. By combining our services with those of others, we.