The 7th U.S. Circuit Court of Appeals is considering a lawsuit against the American Board of Radiology (ABR) over allegations that its maintenance of certification (MOC) program violates antitrust laws.
The plaintiff, Dr. Sadhish Siva from Murfreesboro Medical Clinic in Tennessee, claims the ABR's MOC program represents "anticompetitive, exclusionary, and unlawful actions" under the Sherman Act of 1890, Courthouse News reported on February 16.
U.S. District Judge Jorge Alonso threw Siva's case out of Illinois federal court in 2021 on the grounds that the MOC is not a distinct product but an inherent component of the ABR's initial certification process.
In their brief to the appeals court, however, Siva's attorney Robert Margolis alleged that there is little to no evidence that MOC programs improve or maintain radiologists' abilities. Margolis wrote that at one point, obtaining an ABR certification was to radiologists what the bar exam is to lawyers: a one-time event that occurred at the beginning of one's career.
ABR attorney Jaime Stilson suggested in part that Siva's lawsuit was based not on a principled opposition to monopolistic practices but on a personal desire to get around professional standards while continuing his practice, Courthouse News reported.
The three judges on the panel did not say when they would issue a ruling.
