Restraint of trade practiced in academic medicine? Shocking? No

Academic medicine is a competitive business, with high stakes. Duke and North Carolina School of Medicine are a stones throw from each other and have agreed not to recruit from each other by a Dean’s agreement.

That’s an antitrust problem for the schools that inhibits faculty from moving.

Since I am an emergency physician and have worked for big multi state emergency groups, I am familiar with the law on covenants not to compete, which are enforceable in an employment contract situation as long as they are “reasonable” and commensurate with the business interest that is the goal of the protective covenant.

Different thing here. And not a covenant not to compete with a hired professional, rather a covenant not to compete between competitors, specifically prohibited by the Sherman Anti Trust as non competitive collusion.

Nothing about this surprises me, academics are tyrants and despots at heart.

I agree with Lifson that this is anticompetitive behavior, similar to price-fixing, or territory exclusions by agreement, and the motivation was to avoid competitive faculty recruitment, prompted by an effort of one school to recruit a bone marrow transplant team from the other.

The goal is to control the market for the advantage of the colluders.


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