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US: New case mulls relationship between professional boards, antitrust law

By  |  May 6, 2013

A recently-filed federal lawsuit in the state of New Jersey has reportedly re-opened the debate as to the relationship between antitrust law and professional certification boards. The suit, filed April 23, concerns the practice of requiring healthcare specialists to participate in a training and testing program, or else risk being barred from practicing in the market. The suit accuses the American Board of Medical Specialties, which oversees 24 medical boards, of violating antitrust law by hampering competition through the exclusion of those healthcare specialists. The case was initiated by physicians opposed to the requirement. The case may have strong implications for various other markets, as similar requirements are held within professions like accounting and law. According to one expert, while these cases are not uncommon, they are rarely successful for the professionals who initiate the contest.

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