Capital Imaging Associates, P.C. v. Mohawk Valley Medical Associates, Inc., Mohawk Valley Physicians Plan, Inc.

CARDAMONE, Circuit Judge:

We have before us on this appeal a claimed violation of the Sherman Antitrust Act. Certainly one strand of the philosophical underpinning leading to the passage of that Act is derived from the thinking of John Stuart Mill, who, in his influential essay “On Liberty,” observed: “trade is a social act. Whoever undertakes to sell any description of goods to the public, does what affects the interest of other persons, and of society in general; and thus his conduct, in principle, comes within the jurisdiction of society,” J.S. Mill, On Liberty, Chapt. V, 303 (Harv.Class.,…