FRONTRUNNERS® FILES SUIT AGAINST ABIM FOR ANTITRUST VIOLATIONSIndeed in August 2008, as ABIM's "educational division" or "silent partner" if you will, the ACP, began planning its online marketing campaign for its competing MKSAP product, ABIM proactively sued FRONTRUNNERS® complaining that FRONTRUNNERS content was too similar to ABIM's exams. After 18 months of litigation, ABIM has been entirely unable to prove their case against FRONTRUNNERS BOARD REVIEW. FRONTRUNNERS®, in turn, filed a 100-page cross-complaint against the ABIM for Antitrust Violations U.S.C. 15 §§ 1 & 2, detailing how, beginning as early as 2000 and continuing now, the defendant ABIM and co-conspirator ACP engaged in a combination of and conspiracy in unreasonable restraint of trade and commerce in violation of Section 1 of the Sherman Antitrust Violations Act (15 U.S.C. §1) and how, beginning as early as 2000 and continuing now, ABIM and ACP engaged in a combination and conspiracy to monopolize, or attempt to monopolize trade and interstate commerce in violation of Section 2 of the Sherman Antitrust Act (15 U.S.C. §2). The case was initially dismissed, NOT on its mertis, (indeed the Federal Judge was so interested that he asked to hear the case three times) but was dismissed for the 4 year statute of limitations! The basic rule is that damages are recoverable under the federal antitrust acts only if a suit is commenced within four years. Apparently, it's ok to have engaged in, and continue to engage in (ie ongoing injury to the market of internists) antitrust activities as long as no one notices within the first 4 years! That said, Pace Industries, Inc. v. Three Phoenix Co., 813 F.2d 234, 237-39 (9th Cir. 1987) found that plaintiff in an antitrust lawsuit must allege a "new and independent act that is not merely a reaffirmation of a previous act" and "inflicts new and accumulating injury on plaintiff." Interestingly, it turns out that FRONTRUNNERS may have excellent grounds to appeal its antitrust case against the ABIM by citing that the "new and independent act" was in fact the very lawsuit itself that ABIM filed in August of 2008, especially considering the timing of their lawsuit with the release of ACP's MKSAP 15, a product that directly competes with FRONTRUNNERS® curriculum and, according to FRONTRUNNERS, coinciding with ACP's simultaneous launch of its MKSAP ad campaign in an effort to abuse their monopoly power and attempt to carve a clear and unobstructed path for ABIM's "education division", or "silent partner", the American College of Physicians. FRONTRUNNERS® is looking to file that appeal on it's antitrust claim as a class-action against the ABIM and possibly ACP with and on behalf of all internists who've been affected by this arrangement. Numerous other arguments regarding these "new and independent acts" are expected to follow as physicians nationally begin to pool their collective experiences. You can check out FRONTRUNNERS entire Cross-complaint vs ABIM by clicking HERE. Litigation is ongoing. Individuals who are passionate about this topic are encouraged to contact FRONTRUNNERS® to see how they can participate and/or contribute in uniting physicians in this cause. If you're politically active in medical legislation, a natural leader, good with ideas, or you're a legislative body per se, this topic will certainly be of interest to you. Please feel free to contact us with your "new and independent acts", and how you'd like to contribute. Individuals with family connections to antitrust attorneys in particular, with experience in horizontal & vertical restraints, product tying, etc) can really make a big difference, perhaps the biggest difference of all. Please let us know how YOU can contribute or email Dr Mittman directly @ DrMittman@gmail.com . Even if Dr Mittman is unsuccessful at slaying this dragon on his own, the hope is that other internists, collectively, and, therefore, with more time & resources, will be able to take on this challenge, with or without FRONTRUNNERS®, in conjunction with the proper team of antitrust attorneys now or at ANY point in the future, leveraging off all of the hard work we've already done, the evidence we've already accumulated, and arguments we've already elaborated. We'll be happy to share our information with you. As always, we're open to additional evidence, arguments, and thoughts you may wish to share. And obviously (!), don't forget to choose FRONTRUNNERS for the best in Internal Medicine Board Review! You'll find all of our packages by clicking here on our Product Vault. Thanks and ... Wishing you the very best!
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