News Highlights From Marek Health Law

Marek Health Law founder Sherman Marek, Esq. submitted testimony before the House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, addressing the monopolistic structure of the National Resident Matching Program (NRMP) and the harm caused by its antitrust exemption codified in 2004. 

Mr. Marek—whose 2002 antitrust lawsuit Jung v. Association of American Medical Colleges originally challenged the system—called for the repeal of the exemption. He emphasized that the Match limits residents’ freedom, suppresses wages, undermines competition, and contributes to the national physician shortage. 

“Our daily practice is dedicated to rescuing the careers of young physicians trapped in a monopolistic system that offers them no meaningful protections—and often no second chances.”
—Sherman Marek, Esq. 

Key points from his testimony: 

• Residents face structural lock-in: Once assigned through the Match, residents have little mobility, even in toxic or unsafe conditions. 

• Wage suppression is systemic: Residents earn approximately $65,000 per year while hospitals receive up to $180,000 per resident in federal GME funding. 

• Patient safety and quality of care are affected: Long shifts, retaliation, and transfer barriers increase the risk of medical errors. 

• Taxpayers lose when residents are terminated late in training and cannot transfer—wasting federal education funding. 

• Rural hospitals are disproportionately harmed, unable to offer competitive incentives or attract candidates through the rigid Match process. 

• Repeal would restore judicial review and encourage reform within teaching hospitals, strengthening antitrust accountability. 

Mr. Marek framed this moment as a “watershed opportunity” for Congress to restore fair competition, individual opportunity, and legal accountability in U.S. residency training. 

Statement to Congress (PDF of Statement to Congress)