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1 results

  • 15 - Collusion in the Oocyte Market

  • from Part IV - Buyer Cartels
  • Roger D. Blair, University of Florida, Christine Piette Durrance, Tirza J. Angerhofer, Duke University, North Carolina
  • Book:
    Antitrust Policy in Health Care Markets
    Published online:
    24 November 2022
    Print publication:
    08 December 2022, pp 345-367

  • Summary

    Collusion among buyers is every bit as objectionable on social welfare grounds as collusion among sellers. In this chapter, we focus on the antitrust claims in Kamakahi v. American Society of Reproductive Medicine, which arose from collusion among buyers of human eggs (oocytes), which were comprised of fertility clinics and donor agencies. Two closely related trade associations organized and orchestrated a price-fixing conspiracy aimed at depressing the fees paid to egg donors. The antitrust victims were women who were underpaid for the eggs that they donated to fertility clinics or donor agencies. The collusion among fertility clinics would seem to warrant harsh treatment under Section 1 of the Sherman Act. While this case raises important issues in medicine, public health, eugenics, and ethics, we focus our analysis on the merits of the antitrust claim and the effect on the competitive process.