Question
Radial keratotomy is a surgical procedure to correct myopia (nearsightedness). A medical organization, at the recommendation of an academy of eye specialists, issued a press release urging “patients, ophthalmologists and hospitals to approach [radial keratotomy] with caution, until additional research is completed.” Stevenson, and several other ophthalmologists who specialized in radial keratotomy, claimed that the demand for their services declined following the press release. They brought an action against the academy, contending that the press release constituted an illegal horizontal trade restraint. The district court held that the academy had not violated any antitrust law. What will result on appeal, and why?
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