From Law360 (subscription required for full article access):
Law360, New York (July 18, 2011) -- The American Society for Reproductive Medicine on Friday asked a California federal court to throw out a proposed class action alleging it fixed prices for human egg donation services by setting maximum compensation rules for its member clinics.
The medical association's motion maintains that the suit, filed in April by egg donor Lindsay Kamakahi, fails to state a claim under antitrust law because it does not contest the basic rationale for the price limits, which were imposed to address ethical concerns.
I don’t have access to the full article, but this sounds suspiciously like the standard, and typically unsuccessful, professional association defense. I’ve discussed those defenses before in a series of posts on Kamakahi v. ASRM (links below) and in a post on Barak Richman’s Rabbinic Cartels paper. I’ve also specifically critiqued the supposed ethical considerations (commodification and coercion of egg donors and patient protection) here and here.
We’ll have to wait and see how the court rules, I guess.
(HT: Barak Richman)