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The Professions Under Scrutiny: An Antitrust Perspective
Authors:WILLIAM L TROMBETTA
Abstract:Increasingly, the professions are coming under the scrutiny of the antitrust laws. Such anticompetitive forms of professional conduct as group boycotts, arbitrary and unreasonable licensing requirements, barriers to entry and exclusionary practices, price-fixing, stifling of innovative delivery systems, and restrictions on the scope of professional practice are reviewed in this article. Also examined are the problems encountered by the courts in applying antitrust law to the professions. The review of the literature reveals modest evidentiary support for a shift in the burden of requiring regulation to those proposing it. Several alternatives are set forth to aid in the development of procompetitive professions.
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