Indeed in August 2008, as ABIM's "educational division" or "silent partner" if you will, the ACP, began planning its online marketing campaign for its competing MKSAP product, ABIM proactively sued FRONTRUNNERS® complaining that FRONTRUNNERS content was too similar to ABIM's exams. After 21 months of litigation, ABIM has been entirely unable to prove their case against FRONTRUNNERS BOARD REVIEW. FRONTRUNNERS®, in turn, filed a 100-page cross-complaint against the ABIM for Antitrust Violations U.S.C. 15 §§ 1 & 2, detailing how, beginning as early as 2000 and continuing now, the defendant ABIM and co-conspirator ACP engaged in a combination of and conspiracy in unreasonable restraint of trade and commerce in violation of Section 1 of the Sherman Antitrust Violations Act (15 U.S.C. §1) and how, beginning as early as 2000 and continuing now, ABIM and ACP engaged in a combination and conspiracy to monopolize, or attempt to monopolize trade and interstate commerce in violation of Section 2 of the Sherman Antitrust Act (15 U.S.C. §2).
Although the suit was initially dismissed on the basis of the statute of limitations Frontrunners believes new and ongoing predatory business activities, as well as damage to Frontrunners, have occurred, and so the legal battles continue.
So now do the docs who attended Frontrunners courses have to worry that they'll get a “letter in the file?” Is Medstudy next? (How about that 97% pass rate ).