It also would have to be plausibly alleged to have been predatory or anticompetitive. See Neotonus, Inc. v. Am. Med. Ass'n., 554 F. Supp. 2d 1368, 1380 (N.D. Ga. 2007) (holding that the American Urological Association did not behave in an anticompetitive or predatory manner when it presented evidence to the AMA's CPT Editorial Board that a urinary technology device should not be granted a Category I CPT code), aff'd, 270 F. App'x 813 (11th Cir. 2008). Far from being anticompetitive on its face, proper professional standard setting is salutary and procompetitive.

The Fee Schedule is based on the American Medical Association's ("AMA") Current Procedural Terminology ("CPT") codes, which are assigned to different medical services and "provide a uniform terminology that accurately describes specific medical, surgical, and diagnostic services and procedures to facilitate efficient health care record keeping, information sharing, and efficient processing of claims for payment for services or procedures provided to patients." Neotonus, Inc. v. Am. Med. Ass'n., 554 F.Supp.2d 1368, 1370 (N.D.Ga.2007), aff'd sub nom. Neotonus, Inc. v. Am. Med. Ass'n , 270 Fed.Appx. 813 (11th Cir.2008)

Each payor makes its own decisions regarding which services and procedures it will pay for and how much it will pay for each.Neotonus, Inc. v. American Medical Association, 554 F.Supp.2d 1368, 1370 (N.D.Ga. 2007). The United States Department of Health and Human Services has adopted the CPT as one of its standard medical data code sets. 45 C.F.R. § 162.1002.