Northern District of NY Judge Thomas McAvoy denied the defendants’ motion to dismiss for failure to state a claim, holding that the allegationsof information exchanges and surpressed wages was sufficient to permit a jury to find both collusive activity and actual anticompetitive effects. The court also denied the one unionized hospital’s motion to dismiss on non-statutory labor exemption grounds. The court held that the hospital could not escape liability for anticompetitive collusion merely because it had negotiated its nurses wages through a collective bargaining process.