In the mythic past, the physician alone decided what was best for the patient indeed, had a duty to do so. Although the goal of reasserting professional autonomy may be laudable, several of the paper's assertions warrant continued discussion. Labor law applies to employees. Extensive judicial precedent explores the distinguishing characteristics of employees versus independent contractors.
Labor law governs the relations between employers and unions.
Antitrust and labor law therefore intersect only under limited circumstances, such as unions conspiring to restrain trade or labor racketeering by organized crime. Over one third of U.S. physicians are now full-time employees. Some are employed by staff-model health maintenance organizations, universities, or the government or military. Some are housestaff. In contrast, independent physicians, because they are individual firms and not employees, fall under the antitrust laws' prohibition against restraint of trade.