United States First Circuit

Plaintiff drug retailer's antitrust claims failed because defendant insurer's closed retail network is simply an exclusive dealing arrangement which is not a per se violation of federal antitrust laws.

Appellate Information

• Decided 06/24/2004
• Published 06/24/2004

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, HOWARD, Circuit Judge, and SARIS, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John J. Curtin, Jr. with whom Daniel L. Goldberg, Alicia L. Downey, Bingham McCutchen LLP, William M. Dolan III, Brown Rudnick Berlack Israels LLP, Gregg A. Hand and White & Case LLP were on brief for appellants.


• For Appellees:
  
• Steven E. Snow with whom Robert K. Taylor, Daniel S. Crocker and Partridge Snow & Hahn LLP were on brief for appellees Blue Cross & Blue Shield of Rhode Island and Coordinated Health Partners, Inc., d/b/a Blue Chip., Bruce D. Sokler with whom Yee Wah Chin, Noam B. Fischman, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., James A. Ruggieri and Higgins, Cavanagh & Cooney LLP were on brief for appellees CVS Corporation and Pharmacare Management Services, Inc.