United States Seventh Circuit

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, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) 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; 2) the lack of an agreement between the defendants necessarily undermines plaintiff's remaining state law claims; and 3) in light of dismissal of plaintiff's claims, plaintiff's motion for partial summary judgment on the issue of defendants' affirmative defenses cannot proceed.

Appellate Information

• Argued 11/13/2009
• Decided 01/10/2011
• Published 01/10/2011

Judges

• TINDER

Court

• United States Seventh Circuit

Counsel