Kamakahi v. ASRM: The Egg Donor Price Fixing Litigation

10 Pages Posted: 14 Feb 2014 Last revised: 26 Dec 2014

Date Written: February 28, 2014

Abstract

In April 2011, Lindsay Kamakahi caused an international stir by suing the American Society for Reproductive Medicine (ASRM), the Society for Assisted Reproductive Technology (SART), SART-member fertility clinics, and a number of egg donor agencies on behalf of herself and other oocyte donors. The suit challenged the ASRM-SART oocyte donor compensation guidelines, which limit payments to egg donors to $5,000 ($10,000 under special circumstances), as an illegal price-fixing agreement in violation of United States antitrust laws.

Ensuing discussion of the case has touched on familiar debates surrounding coercion, commodification, and exploitation. It has also revealed many misconceptions about oocyte donation, the allegations in the case, and antitrust law’s application to the ASRM-SART oocyte donor compensation guidelines. Regardless of outcome, the suit is an important one that could signal a change in public attitudes about the propriety of mixing money with motherhood. It should — and will — be closely watched.

Keywords: egg donation, gamete donation, oocyte donation, Sherman Act, antitrust, price fixing, monopsony, egg market, oocyte market, gamete market

JEL Classification: K00, K10, K21, K32

Suggested Citation

Krawiec, Kimberly D., Kamakahi v. ASRM: The Egg Donor Price Fixing Litigation (February 28, 2014). Virtual Mentor. 2014; 16:57-62.; USC Law Legal Studies Paper No. 14-3; USC CLASS Research Paper No. CLASS14-1. Available at SSRN: https://ssrn.com/abstract=2396027

Kimberly D. Krawiec (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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