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Antitrust matters are rarely isolated within a single state or federal agency or jurisdiction. We represent clients facing multi-dimensional antitrust challenges on the transactional, regulatory and litigation fronts, mobilizing an unmatched combination of courtroom excellence, government experience and legal, economic and academic prowess on our clients’ behalf.
Eighth Circuit Affirms Summary Judgment for Medical Device Supplier in Antitrust Case Challenging Pricing Practices
June 20, 2011
In a potentially significant decision that may affect the pricing practices of sellers of medical devices or other products, the United States Court of Appeals for the Eighth Circuit affirmed summary judgment for a medical device supplier in an antitrust case challenging the supplier's pricing practices under the Sherman and Clayton Acts. The Court of Appeals rejected the plaintiff hospital's claim that the defendant supplier's "share-based" discounts constituted de facto exclusionary agreements in violation of the antitrust laws. The Court also rejected the plaintiff's challenge to several other pricing practices, but on narrower grounds, holding that the plaintiff failed to offer evidence that products sold to hospitals through group purchasing organizations constituted a "relevant market" for antitrust purposes.