State’s Complaint alleged that Dr. Eric P. Omsberg, a Waterville neurosurgeon, had solicited another neurosurgeon in the
Waterville-Augusta area to agree not to participate in a managed care plan because
joining managed care plans would reduce the reimbursement which neurosurgeons
receive for surgery. The complaint alleged that Dr. Omsberg’s actions constituted an unfair method of competition in violation of Maine’s Unfair Trade Practices Act.
The settlement agreement, approved by the Kennebec County Superior Court,
enjoined Dr. Olmsberg from engaging in any such anticompetitive solicitations in the
future. Additionally, Dr. Olmsberg agreed to provide free neurosurgical care to
twelve patients who require neurosurgery services but who do not have insurance or
other coverage which will pay for any portion of the cost of those services during the
next 15 months. Dr. Olmsberg denied any liability under State antitrust laws and
denied the allegations in the State’s Complaint.