A federal judge in Illinois made the decision to dismiss a second amended class action complaint. The complaint, brought by two licensed psychiatrists, alleged that the American Board of Psychology and Neurology violated antitrust statutes by unlawfully “tying” its maintenance of certification product to initial certification. The case was dismissed with prejudice, rendering any additional attempts to bring the case forth a possibility. Based on the decision provided by the judge, the dismissal is due to a failure on the plaintiffs’ part to adequately argue that these alleged actions restrict competition in the Continuing Medical Education (CME) product market.
This marks the third time this accusation has been brought against the board, implying an ongoing struggle between these entities. The initial complaint was filed in the U.S. District Court for the Northern District of Illinois in March 2019. The plaintiffs, Emily Elizabeth Lazarou and Aafaque Akhter, are both licensed psychiatrists who have argued that the board maintains a nationwide monopoly on psychiatric and neurological certifications.
“Whether MOC is a sound policy of accrediting physicians is a separate question from whether it restricts competition in the CME product market. Since the second amended complaint does not plausibly allege the latter, the plaintiffs’ tying claims fail,” U.S. District Judge Jeremy C. Daniel wrote. Read more on law.com