Full opinion text
EXPANDED OPINION SETTING FORTH REASONING AND CITATIONS OF AUTHORITY IN SUPPORT OF COURT’S ORDER OF SEPTEMBER 24, 1994 (DOC. # 153), WHICH SUSTAINED THE MOTION OF DEFENDANT GOOD SAMARITAN HOSPITAL AND HEALTH CENTER FOR SUMMARY JUDGMENT (DOC. #112), WHICH SUSTAINED IN PART AND OVERRULED IN PART THE MOTION OF DEFENDANT ANESTHESIA ASSOCIATES OF NORTHWEST DAYTON, INC., FOR SUMMARY JUDGMENT (DOC. #118), AND WHICH SUSTAINED THE MOTION OF DEFENDANT ANESTHESIA ASSOCIATES OF DAYTON, INC., FOR SUMMARY JUDGMENT (DOC. #120); EXPANDED OPINION SETTING FORTH REASONING AND CITATIONS OF AUTHORITY IN SUPPORT OF COURT’S ORDER OF FEBRUARY 6, 1995 (DOC. # 154), WHICH SUSTAINED IN PART AND OVERRULED IN PART THE MOTION OF DEFENDANT ANESTHESIA ASSOCIATES OF NORTHWEST DAYTON, INC., TO STRIKE (DOC. #139); JUDGMENT TO BE ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF; TERMINATION ENTRY. RICE, Chief Judge. In 1973, Plaintiff Bhimavarapu K. Reddy (“Reddy”) was hired as an anesthesiologist by one of the Defendants, Anesthesia Associates of Dayton, Inc. (“AA/Dayton”) He was employed by AA/Dayton for one year. Thereafter, Plaintiff became both a shareholder and an employee of AA/Dayton, a status he continued to maintain until 1988. As both an employee and a shareholder of that corporation, Reddy’s practice of anesthesiology was centered at Defendant Good Samaritan Hospital and Health Center (“Good Samaritan”). At some point, disputes regarding compensation and referrals arose between Plaintiff and the other shareholders of AA/Dayton who practiced at that facility. Therefore, in 1987, Plaintiff began to explore leaving AA/Dayton and establishing his own group to practice anesthesiology at Good Samaritan. In March, 1988, Plaintiff told his fellow AA/Dayton shareholders of his intention to leave AA/Dayton, and in August of that year, his fellow shareholders asked him to leave the group. He did so and formed a sole proprietorship, B.K. Reddy and Associates, under which he continued to practice anesthesiology at Good Samaritan. At that time, both Plaintiff and AA/Dayton provided anesthesia services at that institution. During the period that Plaintiff practiced at Good Samaritan under his sole proprietorship, changes were made in the manner in which anesthesiologists practiced at that hospital. For instance, the number of Certified Registered Nurse Anesthetists (“CRNA”) which a physician could supervise was limited. In addition, the ability of a physician both to supervise a CRNA and to provide services himself or herself was curtailed. Having two separate anesthesia groups providing services at Good Samaritan was not successful. Consequently, the hospital’s administration decided to enter into an exclusive contract for the provision of anesthesia services. Initially, Good Samaritan negotiated with Drs. Thomas and Seitzman. Although these two anesthesiologists were both shareholders of AA/Dayton, they formed there own corporation, RTHS, Inc. (“RTHS”), for the purpose of entering into the exclusive contract. In other words, Thomas and Seitzman negotiated the exclusive contract for themselves and not on behalf of AA/Dayton. In early 1990, K. Douglas Deck (“Deck”), Good Samaritan’s President and CEO, announced that the hospital had entered into an exclusive contract with RTHS. However, that decision was not favorably received. As a consequence, the exclusive contract between the hospital and RTHS was not consummated. Good Samaritan’s Board of Trustees then told Deck to work with the anesthesiologists on staff to form a new corporation, which would be given an exclusive contract to provide anesthesia services at the hospital. Deck met with those anesthesiologists and told them that the hospital would enter into an exclusive contract with a newly formed corporation, and that all anesthesiologists would be permitted to participate equally in that corporation. Deck was adamant that the hospital would not contract with any of the existing groups providing services (¿e., .AA/Dayton, Plaintiff, or RTHS). As a result, a new corporation, Anesthesia Associates of Northwest Dayton, Inc. (“AA/Northwest”), was formed in March, 1990, for the purpose of negotiating a contract. AA/Northwest offered contracts to all anesthesiologists on staff, including Plaintiff. Plaintiff refused to join the new corporation. Rather, he initiated this litigation, on May 23, 1990, seeking to enjoin the exclusive contract, alleging that it violated 42 U.S.C. § 1981. When this Court denied Reddy’s request for a preliminary injunction, the offer to Plaintiff was renewed. It was ultimately extended until June 29, 1990. On that date, Reddy attempted to join the new group; however, his effort was either too late or the offer was withdrawn. In July, 1990, Plaintiff attempted to have his privileges at Miami Valley Hospital (“Miami Valley”) upgraded from courtesy to active status. Although this process took longer than he thought it should have, in November, 1990, Reddy was granted active privileges at Miami Valley. However, before he was granted such privileges, Miami Valley entered into a letter of intent to enter into an exclusive contract with AA/Dayton. Although at one time he had been both an employee and shareholder of that organization, Reddy never requested that he again become a member or employee of that corporation. In his Second Amended Complaint (Doc. # 43) Plaintiff sets forth six claims against Good Samaritan, AA/Northwest and AA/Dayton, to wit: a claim of discrimination, in violation of § 1981 (First Claim for Relief); a claim of restraint of trade, in violation of § 1 of the Sherman Act, 15 U.S.C. § 1, and Ohio’s Valentine Act, Chapter 1331 of the Ohio Revised Code (Second and Third Claims for Relief); a state law claim of tortious interference with prospective contractual relationship (Fourth Claim for Relief); a state law claim of breach of contract (Fifth Claim for Relief); and a claim of retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and Chapter 4112 of the Ohio Revised Code (Sixth Claim for Relief). After extensive discovery, the three Defendants filed Motions for Summary Judgment, to wit: Good Samaritan (Doc. # 112), AA/Northwest (Doc. # 118) and AA/Dayton (Doc. # 120). On September 24, 1994, this Court entered an Order in which it sustained the Motions for Summary Judgment of Good Samaritan and AA/Dayton, as well as sustaining in part and overruling in part that filed by AA/Northwest (Doc. # 153). On February 6, 1995, the Court entered an Order (Doc. # 154), which sustained in part and overruled in part the Motion of AA/Northwest to Strike the Affidavits of Engel and Spir-tos (Doe. # 139). The Court now sets forth, in this expanded opinion, the reasoning and citations of authority which support those two Orders. As a means of analysis, the Court will initially address the Motion to Strike, and then turn to the three Motions for Summary Judgment, first setting forth the standard which must be applied to every such motion, following which it will address the arguments that the parties have presented in support of and in opposition to the three motions filed in this litigation, discussing Reddy’s claims in the order presented above. I. Motion to Strike of AA/Northwest (Doc. # 139) Fed.R.Civ.P. 56(e) sets forth three requirements for affidavits which are used in support of or in opposition to a motion for summary judgment. It provides that those affidavits “shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that'the affiant is competent to testify to the matters stated therein.” These requirements are mandatory. Charles A. Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2738 (2d ed.1988); Collazos-Cruz v. United States, 117 F.3d 1420, 1997 WL 377037 (6th Cir.1997). “An affidavit that does not satisfy the requirements of Rule 56(e) is subject to a motion to strike.” Collazos-Cruz, 117 F.3d 1420, 1997 WL 377037 at *2, citing Noblett v. General Elec. Credit Corp., 400 F.2d 442, 445 (10th Cir.), cert. denied, 393 U.S. 935, 89 S.Ct. 295, 21 L.Ed.2d 271 (1968). AA/Northwest seeks to strike, in their entirety, the affidavits of Ronald C. Engel and Gary N. Spirtos, which were offered by Plaintiff in his Memorandum in Opposition to Defendants’ Motions for Summary Judgment. The crux of AA/Northwest’s motion is that the matters set forth in those affidavits are not based upon personal knowledge and contain inadmissible speculation, accusations and hearsay (thus implicating two of the three criteria set forth in Rule 56(e)). In particular, AA/Northwest argues that the affidavits lack the requisite factual support for a finding of personal knowledge of the matters to which they attest. Defendant states that the affidavits deliberately omit information, thus misleading the reader and, which would, in the case of Engel’s affidavit, indicate that he could not have had personal knowledge of the events. Moreover, Defendant asserts that the de-clarant’s statement that the facts contained in their affidavits are “to the best of his recollection and belief’ is insufficient to satisfy the personal knowledge requirement of Rule 56(e). In ■ addition, AA/Northwest asserts that certain paragraphs contain hearsay and conclusory statements based thereon. Plaintiff has responded that AA/Northwest’s Motion must be denied for four reasons, to wit: 1) Rule 12(f), a basis for Defendant’s motion, has been improperly invoked; 2) the affidavits satisfy the personal knowledge requirement of Fed. R.Evid. 602; 3) the affidavits satisfy the oath or affirmation requirement of Fed. R.Evid. 603; and 4) statements by the affiants that could be construed as opinions or inferences satisfy the lay opinion standard of Fed.R.Evid. 701. The Court now addresses these arguments, discussing first the basis for Defendant’s Motion and then the requirements of Rule 56(e) which have been called into question. 1. Basis for Defendant’s Motion Plaintiff argues that Defendant’s Motion must be denied, because it was improperly raised under Fed.R.Civ.P. 12(f). Although Plaintiff is correct that Rule 12(f) concerns only pleadings (i.e. complaints, answers, replies to claims asserted therein), Ernst Seidelman Corp. v. Mollison, 10 F.R.D. 426, 427 (S.D.Ohio 1950), AA/Northwest has also raised its motion pursuant to Fed. R.Civ.P. 56(e), quoted above, which provides a basis for a motion to strike. E.g., Collazos Cruz, supra. Thus, Defendant has properly brought its Motion to Strike. 2. Omitted Facts AA/Northwest objects to the affidavits of Engel and Spirtos on the ground that they fail to include material facts, the failure of which results in misleading the reader. It claims, for example, that Dr. Spirtos’ affidavit identifies him as a foreign medical school graduate (“FMG”), but fails to indicate his national origin (American), because that fact contradicts Plaintiffs thesis that FMG is a code for foreign-born. Similarly, it argues that CRNA En-gel’s affidavit fails to indicate the precise date that he was hired by AA/Northwest, because the date would indicate that he was not in a position to offer the opinions that he rendered regarding the exclusive contract between AA/Northwest and Good Samaritan. Plaintiff responds that credibility determinations have no place in summary judgment determinations, and that the extent of the witness’ knowledge of matters to which he attests goes to the weight of the testimony and not to its admissibility. Reddy’s fourth argument is applicable to this concern. AA/Northwest’s principal argument is that the affidavits omitted information which would show the weaknesses in Reddy’s “theory of the case.” In essence, Defendant calls the Court’s attention to Plaintiffs failure to include information which would diminish the credibility of his witnesses. However, were this case were to go to trial, Defendant would have an opportunity to demonstrate those weaknesses through cross-examination of the witnesses. For instance, during cross-examination, AA/Northwest could point out the fact that Dr. Spirtos is American-born. Similarly, it could draw attention to the gap in time between the entering of the exclusive contract between AA/Northwest and Good Samaritan and the employment of Engel by Defendant, and question the basis for Engel’s opinions about the formation and consequences of that contract. Because Defendant’s argument goes to the credibility of affiants Engel and Spirtos, Defendant’s Motion to Strike is OVERRULED as to that ground. 3.Personal Knoivledge Requirement As stated above, Rule 56(e) requires that all affidavits submitted in support of or in opposition to motions for summary judgment include facts based on personal knowledge. Fed.R.Civ.P. 56(e). Plaintiff argues that the two affidavits satisfy the personal knowledge requirement of Fed. R.Evid. 602. He argues that “recollection and belief’ is sufficient to state that statements in affidavit were based upon personal knowledge, and that the facts contained in the affidavits indicate that the beliefs are based upon such knowledge. In essence, Reddy asserts that, in the context of the two challenged affidavits, “belief’ refers to the lay opinion facts stated therein, which were based on personal knowledge. Under Rule 56(e), it must be evident from the affidavit that the facts contained therein are based on personal knowledge. E.g., Allen v. International Tel. & Tel. Corp., 164 F.R.D. 489, 492 (D.Ariz.1995), aff'd, 111 F.3d 137, 1997 WL 168340 (9th Cir.1997). Although the affidavit, ideally, will expressly state the basis for the facts, in some instances, personal knowledge may be inferred from the content of the statements. 11 James Wm. Moore, et al., Moore’s Federal Practice § 56.14[l][c] (3d ed. 1999) (“For example, family members are presumed to have personal knowledge of a family member’s possession of land. In the same manner, corporate officers are presumed to have personal knowledge of acts of their corporation.”). “Personal knowledge may also flow logically from the context of the affidavit.” Id. However, statements made “on information and belief’ are insufficient to satisfy the personal knowledge requirement of Rule 56(e). E.g., Automatic Radio Mfg. Co. v. Hazeltine Research, 339 U.S. 827, 831, 70 S.Ct. 894, 94 L.Ed. 1312 (1950) (affidavit in support of motion for summary judgment made on information and belief does not comport with Rule 56(e)); Sellers v. M.C. Floor Crafters, Inc., 842 F.2d 639 (2d Cir.1988); Tavery v. United States, 32 F.3d 1423, 1426 n. 4 (10th Cir.1994); Jameson v. Jameson, 176 F.2d 58, 60 (D.C.Cir.1949) (“Belief, no matter how sincere, is not equivalent to knowledge.”); Wilson v. Bernalillo, 211 F.3d 1279, 2000 WL 485129 (10th Cir.2000); Rice v. United States, 1997 WL 792342 (D.N.M. July 2, 1997); 10B Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 2738. The affidavits of Engel and Spirtos each state that he, “having been first duly cautioned and sworn, swears that to the best of his recollection and belief the following facts are true.” (emphasis added). Parsing the phrase “recollection and belief,” the term “recollection” indicates that the information is based on personal knowledge. See Bright v. Wal-Mart Stores, Inc., 1998 WL 160859 (N.D.Ill. Apr.6, 1998) (refusing to strike affidavit based on “recollection”). On the other hand, the term “belief’ fails to indicate the basis for the stated facts. See Mitchell v. Toledo Hosp., 964 F.2d 577, 584-85 (6th Cir.1992). Together, the words “recollection and belief’ do not equate to a declaration that all of the statements are based on personal knowledge. Sellers, 842 F.2d at 643 (striking, in its entirety, affidavit which was based upon “personal knowledge or upon information and belief,” because there was no way to ascertain which portions were based upon personal knowledge as opposed to information and belief). However, even a casual reading of the affidavits at issue herein indicates that a number of the paragraphs are clearly based on personal knowledge. Accordingly, the Court will not strike Engel’s and Spirtos’ affidavits in their entirety. Rather, the Court will strike only those paragraphs for which it cannot ascertain that there is a personal knowledge basis for the facts contained therein. Turning first to the affidavit of Ronald Engel, CRNA Engel’s affidavit primarily describes his employment history with AA/Dayton, B.K. Reddy and Associates, and AA/Northwest, and the changes and effects of various Department of Anesthesiology policies at Good Samaritan during the course of his employment. In general, the Court accepts that Engel has personal knowledge of his own employment history, and the rules by which he was to perform his job. Thus, the Court will address only AA/Northwest’s specific challenges, and those paragraphs which do not support the conclusion that he had personal knowledge of the facts contained therein. First, AA/Northwest challenges Engel’s assertions about policy changes that were made at Good Samaritan after the exclusive contract was entered into between the hospital and AA/Northwest. It argues that, because the contract was negotiated in April, 1990, a period of time when Engel was not at Good Samaritan, he could not have personal knowledge of the policy changes that occurred at that time the exclusive contract was consummated. En-gel was employed by AA/Dayton and B.K. Reddy and Associates prior to the exclusive contract, and by AA/Northwest subsequent to the effective date of the contract. Accordingly, it is apparent that he was in a position to know the differences between the policies of Good Samaritan’s Department of Anesthesiology, prior to the exclusive contract and afterwards. Those paragraphs will not be stricken. In paragraph 9, Engel states that Good Samaritan and AA/Dayton established rules that adversely affected the ability of B.K. Reddy and Associates to practice anesthesiology. Although it is likely that he had personal knowledge of the hospital policies that affected him as a CRNA working at Good Samaritan, the Court cannot similarly conclude that he had personal knowledge that it was AA/Dayton who established the rules, particularly in light of the fact that he refers to rule changes that occurred while he was employed by B.K. Reddy and Associates. Accordingly, the reference to AA/Dayton in paragraph 9 is stricken. Similarly, during the time period that Engel worked for B.K. Reddy, the Court cannot conclude that Engel had a basis to know of the effect of various hospital policies on AA/Dayton’s practice. Thus, the entirety of paragraphs 13, 22, 26, and 35 must be stricken. Engel’s affidavit has not provided the Court with any ground to conclude that he had personal knowledge to support a number of the statements about the general state of affairs at Good Samaritan, to wit: that AA/Dayton was able to manipulate the creation and enforcement of rules (p.6, paragraph 37), about the rate of quality assurance problems and reviews or morbidity and mortality reviews (paragraphs 14, 49, 50), and Dr. Reddy’s availability and skills compared to AA/Dayton, as well as reports made regarding his behavior (paragraphs 47, 48, 51, 52, 56). Engel also has not provided any basis for concluding the he had any personal knowledge of Good Samaritan’s decision to have the ASA study performed and the timing of its disclosure (paragraph 44). Thus, those statements are ordered stricken. In addition, there is no indication, from the affidavit, that Engel had personal knowledge of incidents which did not involve him personally. Engel has not indicated that he was present at the quality assurance meetings regarding Dr. Reddy (paragraphs 34 and 35, page 7; paragraph 90), or Dr. Raison (paragraph 89). He also has not indicated that he witnessed Dr. King’s behavior toward Dr. Reddy (paragraph 80). He also has provided no foundation to support that he had personal knowledge regarding the recruitment of physicians and nurses by B.K. Reddy; although an employee of that group, Engel has not provided a basis to conclude that he was involved in efforts to recruit both a retired CRNA and Dr. Spirtos or what happened to Spirtos once he “came on board” (paragraphs 73-76, 82-83). Finally, Engel has provided no basis for the Court to conclude that he had personal knowledge of the December, 1990, Christmas party (paragraph 96). Accordingly, the above-mentioned paragraphs must be stricken, on the ground that the affidavit has not provided the Court with a basis to conclude that Engel has personal knowledge of the events to which he attested therein. As to the affidavit of Gary Spirtos, virtually every paragraph indicates that it is based on personal knowledge. With the exception of paragraphs 16, 38, 39, 45, 47, 48, and 60, Dr. Spirtos’ affidavit contains his employment history, his thoughts regarding his employment choices and conditions, his conversations with other physicians, and his conduct. Based on the content of those paragraphs, Dr. Spirtos’ personal knowledge is presumed. It is not clear, however, that paragraphs 16, 38, 39, 45, 47, 48, and 60 are based on Dr. Spirtos’ personal knowledge. Paragraphs 45, and 60 are conclusory and do not indicate the basis for those statements. Paragraph 16 fails to indicate his personal knowledge of the conditions of employment imposed on other anesthesiologists; that reference, therefore, must be stricken. There is no basis to conclude that Dr. Spirtos has personal knowledge of the frequency of Dr. Reddy’s cases undergoing quality assurance reviews or morbidity and mortality reviews, as discussed in paragraphs 38 and 39; the fact that Dr. Spirtos worked for Dr. Reddy is insufficient to support such an inference. Likewise, there is no basis to conclude that Spirtos had personal knowledge of the attempted recruitment of two Indian anesthesiologists by B.K. Reddy and Associates, as a stated in paragraphs 47 and 48; Dr. Spir-tos’ employment with B.K. Reddy does not imply knowledge of its recruitment efforts. Accordingly, paragraphs 38, 39, 45, 47, 48, and 60, and the above-referenced portion of paragraph 16 are ordered stricken from his affidavit. 4. Admissibility Requirement In its Memorandum, Defendant disputes the admissibility of specific paragraphs in the affidavits of both Engel and Spirtos. See AT&T v. Shared Communication Seres., 1995 WL 555868, at *3 (E.D.Pa. Sept.14, 1995) (“Although AT & T asserts' that the paragraphs it points to are only examples of the inadmissible nature of the entire Brown affidavit, it is AT & T’s burden as the party moving to strike the affidavit to show the inadmissibility of each statement in the affidavit.”); Ernst Seidelman Corp., 10 F.R.D. at 428 (“The Court cannot and should not be expected to go through the Gardener affidavit ‘with a fine-tooth comb’ and pick out the ‘certain portions’ which the defendants (from their viewpoint) feel should be stricken. That duty and responsibility rests upon the defendants.”); Hodgson v. Holden Hosp., Inc., 1970 WL 748 (S.D.W.Va. Dec.14, 1970)(same). Of the remaining paragraphs in Engel’s affidavit, AA/Northwest challenges the admissibility of one additional paragraph. It states that Engel is impermissibly providing an opinion of law when he stated that CRNAs need not be supervised by physician anesthesiologists. Although that particular statement has little probative value in light of the substantive issues before the Court, Defendant’s argument is correct and Plaintiff has not refuted it. That portion of paragraph 20 therefore is ordered stricken. As to Dr. Spirtos’ affidavit, AA/Northwest contends that paragraphs 29 and 52 are based on inadmissible hearsay. The Court agrees that both his statement based on CRNA Bolton’s statistics and his statement indicating what another Indian FMG told him constitute hearsay. Because Plaintiff has not asserted that those statements are covered by a hearsay exception, and the Court sees none that is applicable, those statements are also ordered stricken. Accordingly, Defendant AA/Northwest’s Motion to Strike is OVERRULED in PART and SUSTAINED in PART. With regard to Engel’s affidavit, paragraphs 13, 14, 22, 26, 45, 46, 34-35(p.7), 37(p.6), 44, 47-52, 56, 73-76, 80, 82-83, 89-90, and 96, and a portion of paragraphs 9 and 20 are stricken. Paragraphs 29, 38, 39, 45, 47, 48, 52, and 60 of Spirtos’ affidavit are also stricken. The Court will act in accordance with this ruling in addressing the three motions for summary judgment, to which it now turns. II. Standard for Motions for Summary Judgment Summary judgment must be entered “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Of course, the moving party: always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,” which it believes demonstrate the absence of a genuine issue of material fact. Id. at 323, 106 S.Ct. 2548; see also Boretti v. Wiscomb, 930 F.2d 1150, 1156 (6th Cir. 1991) (The moving party has the “burden of showing that the pleadings, depositions, answers to interrogatories, admissions and affidavits in the record, construed favorably to the nonmoving party, do not raise a genuine issue of material fact for trial”) (quoting Gutierrez v. Lynch, 826 F.2d 1534, 1536 (6th Cir.1987)). The burden then shifts to the nonmoving party who “must set forth specific facts showing that there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (quoting Fed.R.Civ.P. 56(e)). Thus, “[o]nce the moving party has met its initial burden, the nonmoving party must present evidence that creates a genuine issue of material fact making it necessary to resolve the difference at trial.” Talley v. Bravo Pitino Restaurant, Ltd., 61 F.3d 1241, 1245 (6th Cir.1995). Read together, Liberty Lobby and Celotex stand for the proposition that a party may move for summary judgment by demonstrating that the opposing party will not be able to produce sufficient evidence at trial to withstand a directed verdict motion (now known as a motion for judgment as a matter of law. Fed.R.Civ.P. 50). Street v. J.C. Bradford & Co., 886 F.2d 1472, 1478 (6th Cir.1989). Once the burden of production has so shifted, the party opposing summary judgment cannot rest on its pleadings or merely reassert its previous allegations. It is not sufficient to “simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, Ct. 1348, 89 L.Ed.2d 538 (1986); see also Michigan Protection and Advocacy Serv., Inc. v. Babin, 18 F.3d 337, 341 (6th Cir.1994) (“The plaintiff must present more than a scintilla of evidence in support of his position; the evidence must be such that a jury could reasonably find for the plaintiff.”). Rather, Rule 56(e) “requires the nonmoving party to go beyond the [unverified] pleadings” and present some type of evidentiary material in support of its position. Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548. Summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). Summary judgment shall be denied “[i]f there are ... ‘genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.’ ” Hancock v. Dodson, 958 F.2d 1367, 1374 (6th Cir.1992) (citation omitted). Of course, in determining whether a genuine issue of material fact exists, a court must assume as true the evidence of the nonmoving party and draw all reasonable inferences in the favor of that party. Anderson, 477 U.S. at 255, 106 S.Ct. 2505 (emphasis added). If the parties present conflicting evidence, a court may not decide which evidence to believe, by determining which parties’ affi-ants are more credible; rather, credibility determinations must be left to the fact-finder. 10A Wright, Miller & Kane, Federal Practice and Procedure, § 2726. In ruling on a motion for summary judgment (in other words, in determining whether there is a genuine issue of material fact), “[a] district court is not ... obligated to wade through and search the entire record for some specific facts that might support the nonmoving party’s claim.” InterRoyal Corp. v. Sponseller, 889 F.2d 108, 111 (6th Cir.1989), cert. denied, 494 U.S. 1091, 110 S.Ct. 1839, 108 L.Ed.2d 967 (1990); see also L.S. Heath & Son, Inc. v. AT&T Info. Sys., Inc., 9 F.3d 561 (7th Cir.1993); Skotak v. Tenneco Resins, Inc., 953 F.2d 909, 915 n. 7 (5th Cir.), cert. denied, 506 U.S. 832, 113 S.Ct. 98, 121 L.Edüd 59 (1992) (“Rule 56 does not impose upon the district court a duty to sift through the record in search of evidence to support a party’s opposition to summary judgment....”). Thus, a court is entitled to rely, in determining whether a genuine issue of material fact exists on a particular issue, only upon those portions of the verified pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits submitted, specifically called to its attention by the parties. III. Plaintiffs claims tinder § 1981 (First Claim for Relief) 42 U.S.C. § 1981 guarantees to “[a]ll persons ... the same right ... to make and enforce contracts...as is enjoyed by white citizens.” In Patterson v. McLean Credit Union, 491 U.S. 164, 186, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989), the Supreme Court applied the evidentiary framework developed in Title YII cases to claims brought under § 1981. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Mitchell v. Toledo Hosp., 964 F.2d 577, 582 (6th Cir.1992). Under the McDonnell Douglas framework, a plaintiff must first establish a prima facie case of discrimination. The elements of a prima facie case under § 1981 are: (1) the plaintiff is a member of a minority group; (2) he or she was qualified for and sought a contract; (3) he or she was not given the contract; and (4) a non-minority was given that contract. Sandhu v. AAMCO Transmissions, Inc., 782 F.2d 1043, 1985 WL 14087 (6th Cir.1985), cert. denied, 476 U.S. 1105, 106 S.Ct. 1950, 90 L.Ed.2d 359 (1986). Once the plaintiff has established a pri-ma facie case, the burden of production shifts to the defendant to articulate a legitimate, nondiscriminatory reason for rejecting the plaintiff. Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 254, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). If the defendant offers a legitimate reason, the burden of production shifts back to the plaintiff to demonstrate that the defendant’s reason is not real, but a pretext for discrimination. Id.; McDonnell Douglas, 411 U.S. at 804-05, 93 S.Ct. 1817. The plaintiff may meet this burden by showing: (1) that the stated reason had no basis in fact, (2) that the stated reason was not the actual reason, or (3) that the stated reason was insufficient to explain the defendant’s action. Manzer v. Diamond Shamrock Chem. Co., 29 F.3d 1078, 1084 (6th Cir.1994). The burden of persuasion, however, always remains with the plaintiff. See Wrenn v. Gould, 808 F.2d 493, 500 (6th Cir.1987); St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 511, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993). A. Good Samaritan Reddy’s central § 1981 claim against Good Samaritan is that the hospital discriminated against him on the basis of his race and/or nationality (tan-skinned Indian) when it entered into an exclusive contract with AA/Northwest, thus denying him the opportunity to enter into the exclusive contract to provide anesthesia services at Good Samaritan. Good Samaritan argues that it is entitled to summary judgment on this claim, because Plaintiff cannot make out a prima facie case of discrimination. In particular, Good Samaritan argues that Plaintiff cannot prove the third and fourth elements of his prima facie case. Regardless of whether Reddy can establish the third element (Good Samaritan argues that Plaintiff was given an equal opportunity to participate as a shareholder in AA/Northwest, thus having access to the contract in question), Plaintiff cannot establish the fourth element, to wit: that a Caucasian was given the contract. The majority of the shareholders of AA/Northwest were not Caucasians; rather, they were foreign-born and foreign medical school graduations (“FMGs”), including Indians like the Plaintiff, and an African-American. However, as stated above, a plaintiff alleging discrimination can establish his or her case through direct evidence. Man-zer, supra. Therefore, the Court must also inquire whether there is direct evidence of discrimination by Good Samaritan. Construing the evidence in the manner most favorable to the Plaintiff, the Court finds no direct evidence of discrimination by the hospital. The decision to enter into the exclusive contract was primarily Deck’s. When it came time to select the physicians with whom Good Samaritan would contract, Deck chose Drs. Thomas and Seitzman, two white Americans. He made that decision even though Plaintiff was the superior practitioner. At best, those facts are nothing more than circumstantial evidence of discrimination. Nevertheless, Plaintiff points to what might be termed a crusade against the number of FMGs in the Department of Anesthesiology at Good Samaritan, which occurred in 1984 and 1985. This is the so-called “quota” in the anesthesiology department of which Plaintiff complains. In support of his argument that Good Samaritan (in the person of Deck) had a bias against foreign minorities, Reddy states that Deck directed AA/Dayton to take into account the percentage of FMGs on staff when recruiting new anesthesiologists. A number of individuals have testified that a meeting was held in early 1989, at which Deck spoke with members of the Department of Anesthesiology about the number of FMGs in the Department of Anesthesiology. (E.g., Doc. #22 at 19-26, Testimony of Dr. Phungrasamee). According to Deck’s own deposition, he stated that: [Tjhere were sensitivities in the medical staff in regard to AMG, FMG’s training ... I encouraged them to find out what their customers wanted, in regard to the training of the people that they were going to bring in. If they wanted John[s] Hopkins, if they wanted Harvard grads, etc., etc., they needed to have people that would come in to this situation and work hard and practice medicine, and that’s as bad as it got.... (Deck June 12, 1992 Dep. at 212-13). Upon further question, he again stated that he was referring to training preferences (id. at 215). Although Deck acknowledged that most foreign medical school graduates are minorities (Deck June 12, 1992 Dep. at 208), his testimony, read in its entirety, does not constitute direct evidence of discrimination. Rather, the Court would be required to infer from the testimony, despite his emphasis that he was expressing concerns about the perception of foreign training, that he was using foreign medical school graduate as a euphemism for foreign-born minority. In addition, the Court has not found any other evidence which indicates that Deck used the term FMG to mean foreign-born minority, or that he treated non-Americans differently than American-born physicians. Accordingly, Deck’s statements, at best, constitute circumstantial evidence of Good Samaritan’s intent to discriminate against non-American-born minorities. Moreover, the evidence indicates that the attempt to limit foreign-born minorities, if it did occur, was carried out primarily by Richard Jenkins, then the Chief of Surgery at Good Samaritan and not an employee of the hospital, and not by Deck, the person who made the decision about the exclusive contract. According to the Dr. Jenkins’ deposition, he wrote a letter in 1985, which stated that he was concerned that if the majority of physicians in the Department of Anesthesiology consisted of foreign graduates, they would have a problem with the perception of the department’s academic strength. (R. Jenkins Dep. at 176-79, Ex. 1, Ex. 2). However, Richard Jenkins’ attempts to limit the number of FMGs in the Anesthesiology Department at Good Samaritan is not direct evidence that the hospital (in the person of Deck) discriminated against Plaintiff when it entered into the exclusive contract with AA/Northwest. Accordingly, Good Samaritan is entitled to summary judgment on Plaintiffs claim that Good Samaritan violated § 1981 when it entered into the exclusive contract with AA/Northwest. Plaintiff also contends that Good Samaritan violated § 1981 when it denied him the position of Medical Director for the new group which would have the exclusive contract for anesthesia services at Good Samaritan. The flaw with this argument is that the essential qualification for this position was that the director be a member of the group (Deck June 12, 1992 Dep. at 112) (stating that medical director was required to be Board certified and an officer of AA/Northwest). Reddy, through no fault of Good Samaritan, failed to become a member of AA/Northwest. Thus, there is no genuine issue of material fact on the question of whether he was qualified for the position of Medical Director; he was not. Accordingly, Good Samaritan is entitled to summary judgment on Reddy’s § 1981 claim. B. AA/Dayton Plaintiff alleges that AA/Dayton has violated § 1981 by impairing five types of contracts, to wit: 1) a contract for anesthesia services at Good Samaritan; 2) a contract with AA/Northwest; 3) a contract for anesthesia services at Miami Valley; 4) a contract with AA/Dayton; and 5) contracts with patients, reimbursers, or referring physicians at Good Samaritan and/or Miami Valley. He also asserts a claim against AA/Dayton that his failure to be appointed Medical Director violated § 1981. With regard to Reddy’s allegations arising out of the exclusive contract between Good Samaritan and AA/Northwest (items 1 and 2 above) and the selection of the position of medical director (item 6), the uncontro-verted evidence establishes that AA/Dayton played absolutely no role in the decision of Good Samaritan to enter into the exclusive contract or the selection of a medical director. When Good Samaritan negotiated the abortive contract with Drs. Thomas and Seitzman, the two physicians were shareholders of AA/Dayton; however, the two negotiated on their ovm behalf and not that of AA/Dayton. Indeed, when the abortive contract was announced, Thomas and Seitzman also announced that they would be leaving AA/Dayton and forming their own practice group, RTHS, Inc. After the exclusive contract between Good Samaritan and Drs. Thomas and Seitzman was canceled, Good Samaritan announced that it would negotiate an exclusive contract only with a newly formed group, in which all anesthesiologists on staff would be given the opportunity to participate. Although many of AA/Dayton’s then soon to become former shareholders participated in the negotiation of the exclusive contract, those negotiations were not conducted on behalf of AA/Dayton; rather, they were conducted on behalf of the individuals who would become shareholders of the new group (AA/Northwest). Once AA/Northwest was formed, it was that entity which negotiated with the anesthesiologists practicing at Good Samaritan regarding their joining the new group. AA/Dayton did not negotiate with physicians regarding employment with AA/Northwest. Therefore, AA/Dayton did not refuse to contract with the Plaintiff or interfere with or otherwise prevent him from entering into an exclusive contract with Good Samaritan or AA/Northwest. AA/Dayton is entitled to summary judgment on those claims. Plaintiff also contends that AA/Dayton interfered with a contract between him and AA/Dayton (item 4). However, Plaintiff has provided no evidence that he attempted to enter into a contract with AA/Dayton following his departure from that group in August of 1988. Accordingly, Plaintiff has provided no evidence of interference with such a contract. AA/Dayton is entitled to summary judgment on Plaintiffs § 1981 claim, based on impairment of a contract with AA/Dayton. Plaintiff also contends that AA/Dayton violated § 1981 by interfering with his relationship with Miami Valley (item 3). As stated above, in July, 1990, Plaintiff sought to upgrade his staff privileges at Miami Valley, from courtesy to active. It was not until November, 1990, that Miami Valley granted his request. Plaintiff alleges that AA/Dayton interfered in that process. However, Plaintiff has provided no evidence is that AA/Dayton caused the delay. Rather, the cause of the delay was the Plaintiffs failure to secure the necessary letters of-recommendation. Finally, Reddy asserts that AA/Dayton has violated § 1981 by impairing contracts between him and patients, reimbursers, or referring physicians at Good Samaritan and/or Miami Valley (item 5). Plaintiff argues that at Good Samaritan, AA/Dayton engaged in an “unmitigated course of harassment of Dr. Reddy and his group, ranging from the sudden imposition and enforcement of unreasonable rules to frequent quality reviews, unfair scheduling, and barriers to recruitment. That harassment was dedicated to thwarting Dr. Reddy’s efforts to enter into contracts for anesthesia services with patients, reimbursers, and referring physicians and ultimately with Good Samaritan, Miami Valley, AAND, and AAOD itself.” (Doc. # 125, p. 184). Assuming that this claim is properly raised, Reddy has failed to establish that AA/Daytoris interference with the formation of such contracts was the result of racial discrimination. As thoroughly detailed in his opposition memorandum, the alleged harassing conduct began with the formation of B.K. Reddy and Associates. As he states, AA/Dayton was adamantly opposed to the creation of a new group by Reddy. For example, Plaintiff quotes the deposition of Dr. Thomas, stating “[a]lot of people in our group I think saw [formation of B.K. Reddy and Associates] as a threat or whatever.” (Doc. # 125, p. 40) (quoting Thomas Dep. June 10, 1992, at 95) He also states, “The AAl/Dayton] President at the time conceded that he knew of no reason other than Dr. Reddy’s intent to form a competing group for discussion of the Doctor to CRNA ration.” (Id. at 50, quoting Avutu Jul. 12, 1993, Dep. at 94). Plaintiff provides further evidence that the changes in the CRNA supervision rules and geographic proximity rules were instituted soon after the creation of B.K. Reddy and Associations (Bolton Dep. at 57, 61-63, 75-77). Reddy provides evidence that these adverse changes were not enforced against other anesthesiologists practicing at Good Samaritan to the degree that they were enforced against his group (B.K. Reddy 1992 Dep. at 532). In addition, Plaintiff provides evidence that he was treated inequitably in scheduling, a function performed during part of the relevant time period by Dr. Thomas and in referrals. However, this evidence does not support a reasonable inference that the opposition, which allegedly resulted in interference with Plaintiffs contracts with patients, re-imbursers and other physicians, was due to the fact that Plaintiff is a non-Caucasian. Rather, the only reasonable inference from the evidence cited by Plaintiff is that the opposition to his new group — and the interference with contracts that allegedly stemmed from that opposition — was the result of AA/Daytoris desire to rid itself of Reddy’s competition. Moreover, the undisputed evidence indicates that the anesthesiologists at AA/Dayton, who allegedly reaped the increased business from patients, reimbursers, and referring physicians in lieu of Plaintiff, were not predominantly Caucasian. The anesthesiologists/shareholders of AA/Dayton at Good Samaritan consisted of a number of minorities, including Dr. Avutu (Indian), Dr. Alfred Jenkins (African-American), Dr. Baldemor (Filipino), Dr. Phungrasamee (Thai), and Dr. N.G. Reddy (Indian). Thus, Plaintiff has not established that a Caucasian received the contracts instead of Plaintiff. Accordingly, AA/Dayton is entitled to summary judgment on Plaintiffs § 1981 claims against it. C. AA/Northwest In his Opposition Memorandum, Plaintiff focuses on the conduct of AA/Dayton, which he argues constitutes discrimination and retaliation, as defined under § 1981. In addressing AA/Northwest’s liability, Reddy contends that it should be held responsible for AA/Dayton’s actions under the theory of successor liability. To support his contention, he submits that AA/Dayton and AA/Northwest share an office, equipment, software, office manager, billings and payroll process and policies, staff, accountants, and law firm. Moreover, he notes that AA/Dayton and AA/Northwest have not kept their business and tax information confidential from each other, and that personnel records were retained from one to the other. As Reddy puts in, “AAND came forth from AAOD’s womb.” He also argues that liability should attach to AA/Northwest, because Plaintiff made, and AA/Northwest knew of, numerous complaints of discrimination and retaliation before AA/Northwest was formed. AA/Northwest sharply disputes the contention that AA/Northwest is a successor corporation of AA/Dayton. It asserts that no liability can attach to it, because no charges or lawsuits were pending at the time that it was formed. It further argues that AA/Dayton still exists, and can provide relief to Plaintiff for its own unlawful conduct. Having set forth these arguments, the Court need not resolve the issue of whether AA/Northwest may be held liable under § 1981, based on successor liability. Because the Court concludes that AA/Dayton is entitled to summary judgment on Plaintiffs § 1981 claims against it, Plaintiffs argument that AA/Northwest is liable for AA/Dayton’s actions, as that Defendant’s successor corporation, is moot. AA/Northwest is, therefore, also entitled to summary judgment on Reddy’s § 1981 claims. IV. Plaintiff’s claims under § 1 of the Sherman Act and the Valentine Act (O.R.C. Chapter 1331) (Plaintiffs Second and Third Claims for Relief) In his Second Amended Complaint, Plaintiff alleges that the Defendants violated § 1 of the Sherman Act and the Valentine Act by conspiring to boycott him, by allocating patients, and by unreasonably restraining competition. Reddy contends that he suffered injuries when he was excluded from practicing at Good Samaritan as a result of the exclusive contract between the hospital and AA/Northwest and by the restrictions which were imposed by Good Samaritan while he practiced there under his sole proprietorship. Although the Defendants raise a number of arguments in support of their motion for summary judgment, the Court need only address whether the Defendants have violated § 1 of the Sherman Act. Section 1 of the Sherman Act provides that every contract, combination and conspiracy in restraint of trade is illegal. Courts employ two tests to determine whether particular concerted activity violates § 1, to wit: the per se analysis and the rule of reason. FTC v. Indiana Fed’n of Dentists, 476 U.S. 447, 457-58, 106 S.Ct. 2009, 90 L.Ed.2d 445 (1986); Betkerur v. Aultman Hosp. Ass’n, 78 F.3d 1079, 1088 (6th Cir.1996); Lie v. St. Joseph Hosp., 964 F.2d 567 (6th Cir.1992). When the activity is assessed under the rule of reason, “the plaintiff must show that the conspiracy has the potential to produce ‘adverse, anti-competitive effects within the relevant product and geographic markets.’ ” Id. at 568 (citation omitted). When the activity is considered to be a per se violation, there is no need to examine the impact on the relevant markets, because the effects of the activity are deemed to be necessarily anti-competitive. Id. at 569. Defendants contend that the Plaintiffs allegations must be analyzed under the rule of reason. Plaintiff argues that the per se rule is applicable. In his memorandum in opposition to the motions for summary judgment, Plaintiff argues that Defendants have committed two types of per se violations, to wit: a group boycott and an allocation of patients. The Court’s choice between the per se rule and the rule of reason is largely driven by analogy. Betkerwr v. Aultman Hosp. Ass’n, 78 F.3d 1079, 1089 (6th Cir. 1996). “A court should find a per se antitrust violation only when prior cases have established the anticompetitive effects of a sufficiently similar business practice.” Id. The Court, therefore, will initially examine Plaintiffs two arguments regarding the existence of per se violations to determine whether they are the type of conduct which courts have found to be per se antitrust violations. Should it conclude that no such violation exists, it will turn to the question of whether the Defendants are entitled to summary judgment under a rule of reason analysis. First, a group boycott can in some limited circumstances constitute a per se violation. Balaklaw v. Lovell, 14 F.3d 793, 800 (2d Cir.1994). In FTC v. Indiana Fed’n of Dentists, 476 U.S. 447, 106 S.Ct. 2009, 90 L.Ed.2d 445 (1986), the Supreme Court noted that there is a reluctance to expand the category of per se violations and concluded that a group boycott is a per se violation only “when firms with market power boycott suppliers or customers in order to discourage them from doing business with a competitor.” Id. at 458, 106 S.Ct. 2009. Herein, Plaintiff does not allege (much less present evidence) that the Defendants engaged in the type of group boycott referred to in Indiana Fed’n of Dentists. Rather, Plaintiff alleges that the decision to exclude him from practicing at Good Samaritan constituted a group boycott. The alleged type of activity, however, is not the type of group boycott recognized by the Supreme Court. See Minnesota Assoc. of Nurse Anesthetists v. Unity Hosp., 208 F.3d 655, 659 (8th Cir.2000) (rejecting claim by CRNAs that sole-source contracts are per se unlawful group boycotts, because they prevent nurse anesthetists from performing anesthesia services at the defendant hospitals). Therefore, Plaintiff does not state a per se claim based upon an alleged group boycott. Second, with respect to Plaintiffs claim that the Defendants have allocated customers and that such conduct constitutes a per se violation, Plaintiff focuses on alleged vertical agreements between Good Samaritan and AA/Dayton and AA/Northwest. In general, the Supreme Court has limited the per se rule in the boycott context to cases involving horizontal agreements among direct competitors. See NYNEX Corp. v. Discon, Inc., 525 U.S. 128, 119 S.Ct. 493, 142 L.Ed.2d 510 (1998). With regard to vertical restraints, the Supreme Court has stated that “vertical restraint is not illegal per se unless it includes some agreement on price or price levels.” Business Electronics Corp. v. Sharp Electronics Corp., 485 U.S. 717, 735-36, 108 S.Ct. 1515, 99 L.Ed.2d 808 (1988). Thus, the rule of reason is applicable to vertical non-price restraints on customers. Id.; Continental T.V., Inc. v. GTE Sylvania, Inc., 433 U.S. 36, 97 S.Ct. 2549, 53 L.Ed.2d 568 (1977). Herein, Red-dy does not allege that the vertical agreement between Defendants Good Samaritan and AA/Dayton and AA/Northwest concerned price or price levels. Therefore, Plaintiff does not state a per se claim based upon an alleged allocation of patients. Since a per se violation is not implicated by this case, the Court must apply the rule of reason. As stated above, the rule of reason requires the Plaintiff to prove that the alleged concerted activity had anti-competitive effects in the relevant product and geographic markets. Lie, 964 F.2d at 568. Herein, the Defendants argue and present evidence that the relevant product market is the market in which anesthesiologists compete for jobs, which, Defendants contend, is a national market. The Court agrees with the Defendants’ contention that the relevant product market is that for anesthesiologists. The crux of Plaintiffs antitrust claim is that Defendants prevented him from practicing as an anesthesiologist at Good Samaritan and that the adoption of the restrictive rules at that hospital on the practice of anesthesiology made it more difficult for him to engage in that practice. In other words, Plaintiff seeks to recover damages because Defendants have prevented him from practicing his profession at Good Samaritan. Other courts have concluded, in the context of a hospital entering into an exclusive contract with a group of physicians for the provision of a particular specialty, that the relevant product market is the market in which the physicians compete for jobs. Balaklaw, 14 F.3d at 799; Collins v. Associated Pathologists, Ltd., 844 F.2d 473 (7th Cir.), cert. denied, 488 U.S. 852, 109 S.Ct. 137, 102 L.Ed.2d 110 (1988). Herein, the evidence establishes that anesthesiologists compete in a nationwide market for jobs and that there are approximately 25,000 of those jobs. Preventing the Plaintiff from practicing his profession in one hospital cannot have anti-competitive effects in that market. Indeed, after the exclusive contract and failure to join AA/Northwest prevented the Plaintiff from practicing at Good Samaritan, and his subsequent inability to practice anesthesiology at Miami Valley, he obtained employment with a group of practitioners who had an exclusive contract with a hospital in Scranton, Pennsylvania, and he is now head of anesthesiology at the Veteran’s Administration Hospital in Dayton. Even if we assume, arguendo, that the product market is the provision of anesthesia services, as the Plaintiff argues, the evidence establishes that the exclusion of the Plaintiff from Good Samaritan and Miami Valley does not have an anti-competitive effect on the market. In his answers to interrogatories, Plaintiff asserts that the geographic market in which Good Samaritan competes is the Dayton Standard Metropolitan Statistical Area (“SMSA”), which is comprised of four counties, Montgomery, Clark, Greene and Miami. William Lynk, Good Samaritan’s expert witness, states in his affidavit that Good Samaritan competes in a seven county area. Nevertheless, accepting Plaintiffs definition of the geographic market, Lynk states that Good Samaritan’s market share is no greater than 14.7% of the hospital services market. Miami Valley’s market share is between approximately 16 and 18%. (Lynk Aff., Tables 2 & 3). Courts have recognized that entities with market shares as small as Miami Valley and Good Samaritan’s, both considered separately and combined, do not unreasonably restrain competition by entering into an exclusive contract. Jefferson Parish Hosp. Dist. No. 2 v. Hyde, 466 U.S. 2, 104 S.Ct. 1551, 80 L.Ed.2d 2 (1984) (30% market share not sufficient); Ezpeleta v. Sisters of Mercy Health Corp., 800 F.2d 119 (7th Cir.1986). In sum, the evidence in this case and the law do not support Plaintiffs contention that a per se violation has occurred. Applying the rule of reason, the evidence establishes that the allegedly unlawful acts of the Defendants have not had an anti-competitive effect on the relevant product market, however that market is defined. Based upon the foregoing, the Court concludes that the Defendants are entitled to summary judgment on Plaintiffs claims under § 1 of the Sherman Act and the Valentine Act. V. Tortious Interference with Contractual Relationships (Plaintiff’s Fourth Claim for Relief) Plaintiff alleges that the Defendants interfered with his prospective contractual relationships with future patients when AA/Northwest and Good Samaritan entered into the exclusive contract. A claim for tortious interference with contractual relations occurs, inter alia, when a person, without a privilege to do so, purposefully causes a third party not to enter into a contract with another. A & B-Abell Elevator v. Columbus/Cent. Ohio Bldg., 73 Ohio St.3d 1, 651 N.E.2d 1283 (1995); Kand Med. v. Freund Med. Prods., 963 F.2d 125 (6th Cir.1992). In order to determine the existence of a privilege, the fact-finder must consider: “(a) the nature of the actor’s conduct; (b) the nature of the expectancy with which his conduct interferes; (c) the relationship between the parties; (d) the interest sought to be advanced by the actor; and (e) the social interest in protecting the expectancy on the one hand and the actor’s freedom of action on the other hand.” Juhasz v. Quik Shops, Inc., 55 Ohio App.2d 51, 57, 379 N.E.2d 235, 238 (1977). AA/Dayton is entitled to summary judgment on this claim, since it was not involved in the exclusive contract between AA/Northwest and Good Samaritan. Good Samaritan and AA/Northwest argue that they had a privilege to enter into the exclusive contract and that, therefore, they are also entitled to summary judgment on Plaintiffs tortious interference claim. This Court agrees. Courts in Ohio have recognized that it is perfectly legitimate for a hospital to enter into an exclusive contract with one or more of the providers of medical services. In Holt v. Good Samaritan Hosp. & Health Ctr., 69 Ohio App.3d 439, 590 N.E.2d 1318 (1990), Judge Brogan of the Second District Court of Appeals noted that adoption of the plaintiff/physician’s argument that a hospital breaches its contract with a physician by entering into an exclusive contract with another provider “would be the death knell of exclusive contracts for medical services.” 590 N.E.2d at 1321. Judge Brogan concluded by writing, “[w]e will not substitute our judgment for that of hospital boards throughout the nation, by removing a managerial option that has been universally acknowledged as valid and beneficial to the efficient administration of health care.” Id. As the Defendants, Good Samaritan in particular, argue, it would defy logic to say that a hospital can enter into an exclusive contract with a group of physicians providing a particular service, but that it does not have a privilege to do so for purpose of a claim of tortious interference with prospective contractual relationships, in which an excluded physician argues that the hospital is liable for all of the business that physician has lost. Other courts have concluded that a hospital has a privilege to enter into an exclusive contract, so that an excluded physician does not have a valid claim for tortious interference with prospective contractual relations. See, e.g., Collins v. Associated Pathologists, Ltd., 844 F.2d 473 (7th Cir.1988), cert. denied, 488 U.S. 852, 109 S.Ct. 137, 102 L.Ed.2d 110 (1988). Herein, Plaintiff has not established that the exclusive contract between AA/Northwest and Good Samaritan is unlawful. Accordingly, the Court concludes that the Defendants enjoyed a privilege to enter into an exclusive contract and are, therefore, entitled to summary judgment on Plaintiffs claim of tortious interference with contractual relationships. VI. Common law breach of contract (Plaintiffs Fifth Claim for Relief) In Plaintiffs claim of breach of contract, which he has asserted against Good Samaritan alone, Reddy alleges that Good Samaritan breached its contract with him (the Medical Staff Bylaws) when it entered into the exclusive contract with AA/Northwest. Plaintiff contends that, by entering into the exclusive contract, Good Samaritan terminated his staff privileges witho