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BSCR scores win in $200M antitrust suit involving medical and surgical supplies for acute care providers

BSCR’s  health care services company client and another defendant were sued in Kansas Federal Court in 2012 by a competitor alleging antitrust tying and exclusive dealing.
 
According to the complaint, our client “engaged in systemic anticompetitive conduct” and coerced acute care providers like hospitals not to buy from the competitor, which specializes in suture and endomechanical products. The defendants successfully countered that the evidence showed “nothing more than discounted prices offered by defendants in an intensely competitive, working, distribution market,” and that neither defendant had the market power necessary to harm competition.
 
As reported in an edition of The American Lawyer, the judge agreed, granting Defendants’ motion for summary judgment, dismissing all claims and awarding the defendants costs.  BSCR worked with the client’s national counsel, Jones Day, on this case.
 

Services: Healthcare
Attorneys: John W. Cowden and David M. Eisenberg