a) Radial keratotomy corrects nearsightedness. The National Eye Advisory Council called the procedure “experimental” in a press release and advised physicians to use restraint and caution until further research was done. This was done through the NIH process, (see below).
b) Opthalmologists sued claiming an antitrust violation b/c it put a restraint on trade.
c) But the Academy did not prevent them from performing surgery, but merely warned caution. They did not give sanctions to those who performed such surgery, either.
d) Plaintiffs claimed there was less demand for the procedure after the press release.
e) Court said that absence some sort of prevention or resistance of procedure, there was no antitrust violation, even if demand was lower.
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