United States Eighth Circuit
Southeast Miss. Hosp. v. C.R. Bard, Inc., 09-3325
In an antitrust action challenging defendants' contracts with Group Purchasing Organizations (GPO), summary judgment for defendant is affirmed where: 1) the attribution test was inappropriate where competitors offer all of the products packaged by the defendant; 2) no evidence suggests that defendant's catheter prices were, actually or effectively, discounted below cost; and 3) plaintiff did not suffer any injury caused by the GPO contracts.
Appellate Information
- Decided 08/17/2010
- Published 08/17/2010
Judges
- Duane M. Benton
Court
- United States Eighth Circuit