Court Permits Antitrust Attack on County Imposition of Exclusive Ambulance Territories

In Patriot Ambulance Service Inc. et al. v. Genesee, County of et al., and Swartz Ambulance Service Inc. v. Genesee County of et al., Eastern District of Michigan Judge Marianne O. Battani dismissed several defendants and the monetary damages claims, but permitted federal antitrust claims to proceed.  Two ambulance service companies’ are challenging a Michigan county’s ordinance dividing the region into two zones with exclusive emergency transport providers.  Although the court noted that the Local Government Antitrust Act prevents the plaintiffs from recovering money damages under federal antitrust law, it ruled that the plaintiffs could still seek a declaratory judgment under the Sherman Act.  However, the judge dismissed the complaints’ state antitrust claims, ruling that the Michigan Antitrust Reform Act allows local governments to act in areas they are authorized to regulate, including ambulance operations. 

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