Bundling Rebates Post-Southeast Missouri Hospital

Law360, New York (September 10, 2010, 1:38 PM EDT) -- The U.S. Court of Appeals for the Eighth Circuit has issued a significant antitrust decision addressing bundled rebates and the law surrounding exclusionary contracts.

In Southeast Missouri Hospital v. C.R. Bard Inc., __ F.3d. __, 2010 WL 3220600 (Aug. 17, 2010), the Eighth Circuit affirmed a district court's grant of summary judgment dismissing a hospital's claims that a medical device company's contracts with group purchasing organizations violate the Sherman Act, 15 U.S.C. §§ 1 and 2.

The plaintiff hospital purchased a variety of medical supplies manufactured...
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