Omnicare, Inc. v. UnitedHealth Group, Inc., 09-1152
Action for violation of the Sherman ActOmnicare, Inc. v. UnitedHealth Group, Inc., 09-1152
, concerned a challenge to the district court's grant of summary judgment in favor of the defendants, in a pharmaceutical provider's suit against insurers, UnitedHealth Group and PacifiCare, claiming violation of the Sherman Act, as well as state antitrust claims and common law fraud, conspiracy to commit fraud and unjust enrichment claims, arising from allegations that defendants conspired to depress the reimbursement it would receive shortly after the merger.
In affirming the judgment, the court held that plaintiff cannot prove
that defendants violated section 1 of the Sherman Act as the evidence in
the record does not create a genuine issue of material fact as to the
existence of an anticompetitive agreement among defendants. Further,
the lack of an agreement between the defendants necessarily undermines
plaintiff's remaining state law claims. Lastly, in light of dismissal
of plaintiff's claims, plaintiff's motion for partial summary judgment
on the issue of defendants' affirmative defenses cannot proceed.Related Link:
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