ABIM Lawsuit: Court Allows Antitrust Claim Against ABIM to Move Forward

The U.S. District Court has issued its ruling on the American Board of Internal Medicine's (ABIM) motion to dismiss in the ongoing antitrust litigation brought by the American Osteopathic Association (AOA), the American College of Osteopathic Internists (ACOI), and several osteopathic physicians.

The Court dismissed, without prejudice, the claims alleging unlawful restraint of trade, unlawful tying, and group boycott. Importantly, the Court allowed the monopolization claim to proceed, finding that the plaintiffs have plausibly alleged that ABIM possesses monopoly power in the internal medicine board certification market and that its attestation policy may constitute exclusionary conduct that harms competition from osteopathic-certified physicians.

This ruling represents an early procedural step and is not a decision on the merits of the case. The litigation will now move forward into the next phase, during which the parties will gather evidence through discovery. ACOI will continue to monitor the case closely and provide updates as significant developments occur.