Becton, Dickinson Wins Major Appellate Victory in Antitrust Class Action

Paul, Weiss secured a major appellate victory in the Seventh Circuit for Becton, Dickinson and Company (BD), when the Court of Appeals affirmed the dismissal with prejudice of an antitrust class action against BD.

The lawsuit, Marion HealthCare v. Becton, Dickinson & Company et al., was brought by plaintiffs suing on behalf of a putative class of all U.S. hospitals and healthcare providers. The plaintiffs claimed that BD had conspired with two large medical supply distributors to inflate the prices of syringes and IV catheters by excluding competitors from the market. In a 24-page published opinion, the Seventh Circuit affirmed a district court decision dismissing the complaint with prejudice for failure to state a claim. The Seventh Circuit concluded it was “simply not plausible” that BD had conspired with the distributors as the plaintiffs had asserted. To the contrary, the court found that the conduct alleged was consistent with legitimate business practices and “could just as easily reflect … rational self-interest.”

The Paul, Weiss team included litigation partners Robert Atkins, William Michael and Jacqueline Rubin, and counsel Daniel Crane. William Michael argued the appeal in the Seventh Circuit and the motion to dismiss in the district court.