FOR IMMEDIATE RELEASE: May 11, 1988 FTC CHARGES TEXAS ALLERGY CLINIC LED BOYCOTT TO PREVENT COMPETITION; DOCTORS AGREE TO SETTLE CHARGES The Federal Trade Commission charged the Victoria (Texas) Allergy & Asthma Clinic and the allergists who practice there with conspiring with other allergists to use boycotts and coercion to prevent competition from physicians who are not allergists. The two allergists who practice at the clinic agreed not to engage in such conduct in the future, under a consent agreement announced today for public comment. The FTC's complaint charges Robert E. Harvey, M.D., and Gullapali K. Rao, M.D., with organizing a conspiracy of allergists in Texas to boycott the manufacturers of new allergy testing products. According to the complaint, the products require less technical training and experience to adminster and interpret, and, as a result, allergists began to face the prospect of substantial competition from physicians who are not allergists. The purpose of the boycott was to prevent such competition by preventing manufacturers from selling the new products to physicians who are not allergists, the complaint alleged. The two allergists wrote to all or nearly all of the allergists in the state, encouraging them to boycott Pharmacia Inc. and MAST Immunosystems Inc., which make the new products, according to the complaint. Some of the other allergists joined in the conspiracy and sought to coerce the firms to discontinue sales of the new products to anyone but allergists. The conspiracy restrained trade unreasonably and hindered competition in the provision of allergy diagnostic and treatment services in Texas, the complaint charges. In addition, it hurt consumers by limiting their ability to choose among a variety of providers of allergy diagnosis and treatments and by hindering the development and use of competitive, convenient, cost- effective and innovative forms of allergy testing. Under the agreement, Drs. Harvey and Rao agreed not to impede the use of any allergy testing product by any physician, clinic, hospital, ambulatory care center or other health facility. The investigation was handled by the FTC's San Francisco Regional Office. The consent agreement is scheduled to appear in the Federal Register today. It will be subject to public comment for 60 days, until July 11, after which the Commission will decide whether to make it final. Comments should be addressed to the Office of the Secretary, FTC, 6th St. and Pennsylvania Ave. N.W., Washington, D.C. 20580. (More) A consent agreement is for settlement purposes only and does not constitute admission of a law violation. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $10,000. Copies of the agreement, the complaint and an analysis of the agreement are available from the FTC's Public Reference Branch, Room 130, same address; 202-326-2222; TTY 202-326-2502. # # # MEDIA CONTACT: Susan Ticknor, Office of Public Affairs, 202-326-2181 STAFF CONTACT: Janet Grady, San Francisco Regional Office, 415-995-5220 (FTC File No. 861 0004) (Victoria)