The Paul, Weiss Antitrust Practice advises clients on a full range of global antitrust matters, including antitrust regulatory clearance, government investigations, private litigation, and counseling and compliance. The firm represents clients before antitrust and competition authorities in the United States, the European Union, the United Kingdom and other jurisdictions around the world.
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.