Refusal to Deal Claim Based on Denial of Lab Accreditation to Move Forward

Middle District of Tennessee Judge William J. Haynes Jr  rejected a motion to dismiss K&S Associates Inc. claim that members of the American Association of Physicists in Medicine conspired to deny its lab the accreditation that it needed to operate.  For 27 years, K&S has operated one of three U.S. dosimetry calibration laboratories with AAPM certification.  In 2008, however,  a German manufacturer of dosimetry equipment agreed to buy K&S and AAPM soon stripped the accreditation allegedly because of concerns that the lab would favor equipment manufactured by its parent company.  The complaint alleged that “K&S’ direct competitors were permitted to directly influence to the decision as to whether K&S should be permitted to continue to operate.”  The court rejected defendants’ argument that the complaint alleged only parallel conduct that did not support an inference of agreement.

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