One For The 'Have Nots'

Law360, New York (March 14, 2011, 3:02 PM EDT) -- The Third Circuit’s recent decision in West Penn Allegheny Health System Inc. v. UPMC, 627 F.3d 85 (3d Cir. 2010), represents a positive development for plaintiffs seeking standing to challenge the anti-competitive business practices of dominant health care providers and insurers.

There, the Third Circuit held that allegations of a conspiracy between a dominant health care provider and dominant insurer to artificially depress reimbursement rates paid to the plaintiff health care provider were sufficient to give rise to an antitrust injury. Id. at 105.

Market concentration...
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