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Ambulance company sues ETMC EMS, city of Tyler, Smith County for allegedly creating monopoly

Credit: Associated Press
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SMITH COUNTY — An ambulance company is suing a competitor as well as the city of Tyler, Smith County, and others, alleging the parties created an illegal monopoly to provide emergency medical services in the region.

The ambulance company, Champion EMS, which is affiliated with the Christus Trinity Mother Frances Health System, filed suit against the competing ambulance company and government entities.

A spokesman for Christus declined to comment, saying they do not comment on pending litigation. Spokeswomen for the city of Tyler and Smith County also declined to comment for this story.

The suit alleges that the government entities worked with an ambulance company formerly affiliated with the former East Texas Medical Center to create a monopoly in providing health services in the region. The suit alleges that the control of the ambulance market dates back to a 1992 contract.

Champion filed the suit in the 241st District Court in Smith County on April 16. The suit is a counterclaim against a lawsuit ETMC EMS, which was part of the former East Texas Medical Center health system until about year ago, brought against Champion in May 2017.

ETMC EMS had sued Champion in 2017 claiming that the company was providing ambulance services in the region, and was therefore infringing on a contract ETMC EMS had with local authorities to be the region’s exclusive ambulance service provider.

Champion now contends that it has been unlawfully been excluded from providing ambulance services in the region. Therefore, the suit says ETMC EMS, the ETMC health system, the city of Tyler, Smith County, and the Smith County EMS Administrative Agency, are violating the Texas Free Enterprise and Antitrust Act.

“In Texas, every contract, combination, or conspiracy in restraint of trade or commerce is unlawful,” the suit says. “It is further unlawful to monopolize, attempt to monopolize, or conspire to monopolize any part of trade or commerce.”

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