November 14, 2003
Hon. James Sensenbrenner, ChairmanHouse Judiciary Committee2138 Rayburn House Office BuildingWashington, DC 20515.
By fax to: 202-225-3190
Dear Mr. Chairman:
We write out of concern that Congress will pass legislation known as the Graduate Medical Education Protection Act. As you know, this bill would provide an antitrust exemption for graduate medical residency matching programs.
The American Antitrust Institute is an independent research, education, and advocacy organization, described at www.antitrustinstitute.org. We have not had an opportunity to investigate the facts that would enable us to determine whether we agree with the substance of the bill. More significantly, neither has Congress.
Antitrust exemptions are in great demand and should not be distributed quietly and without public debate to anyone who can show that his life would be easier without having to compete under the aegis of antitrust. It would make a mockery of our traditions to create a new antitrust exemption without so much as a hearing, and would set a precedent that Congress could only regret.
But this understates the current problem. This legislation in question is patently aimed at intervening in on-going litigation. We urge you to stand up for the judicial process. Let the courts determine whether a violation of the law has even occurred. Let the judicial process make finding of facts that can be discussed in subsequent legislative hearings and debate. If the courts determine that there has been no violation, it will have been a waste of everyone’s time to pass this law, but an evil precedent will have been set.
Albert A. Foer President American Antitrust Institute