- 73 - earnings. A letter from Ernst & Young to respondent’s representatives, dated July 14, 1992, indicates that the Surgery Center took the General Partnership’s offer instead of the other, higher bid because of a desire to have an affiliation with Redlands Hospital for quality control and other reasons. Viewed in its totality, the administrative record is clear that SCA and petitioner derive mutual economic benefits from the General Partnership agreement. By borrowing necessary up-front capital from SCA, RHS (petitioner's predecessor in interest in the General Partnership), overcame a capital barrier to gain entry into a profitable and growing market niche. By forming a partnership with RHS, SCA Centers was able to benefit from the established relationship between Redlands Hospital and the limited partner physicians to acquire its interest in the Surgery Center at a bargain price. By virtue of this arrangement, petitioner and SCA Centers realized further mutual benefits by eliminating sources of potential competition for patients, as is evidenced by the restrictions on either party’s providing future outpatient services outside the Surgery Center, and by Redlands Hospital’s agreeing not to expand or promote its existing outpatient surgery facility at the hospital. In light of the statement in the record that it is typical for national chains such as SCA to “shadow-price” hospitals in charging for services at outpatientPage: Previous 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Next
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