Laughlin v. Evanston Hospital

The majority has determined that the plaintiffs’ complaint fails to state a cause of action both under the lilinois Consumer Fraud and Deceptive Business Practices Act (the Consumer Fraud Act) and the Illinois Antitrust Act. For the following reasons, I concur.

CONSUMER FRAUD COUNT

Count I of plaintiffs’ complaint alleges that the defendants’ practice of granting rebates to Blue Cross and no other third-party payor constitutes an “unfair method of competition” in violation of section 2 of the Consumer Fraud Act (Ill. Rev. Stat. 1985, ch. 121½, par. 261 et seq.). The majority has rejected this…