9th Circ. Nixes Daw's Prosthetic Knee Antitrust Suit

Law360, New York (February 24, 2014, 9:22 PM EST) -- The Ninth Circuit on Monday dismissed Daw Industries Inc.'s allegations that rival Hanger Orthopedic Group Inc. schemed to gain a stranglehold over the market for microprocessor-controlled prosthetic knees, saying Daw lacked evidence that its competitor acquired a monopoly.

The three-judge panel affirmed a lower court decision tossing Daw’s case, saying the company had not proven that the conspiracy Hanger allegedly participated in restrained competition, and noting that  the evidence actually suggested competitive conditions thrived when the plot was supposedly unfolding.

“Here, Daw provides no evidence whatever,...
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