Quest Row Shows High Court's Antitrust Paradox, Judge Says

Law360, San Francisco (November 15, 2017, 7:59 PM EST) -- A proposed class of patients accusing Quest Diagnostics Inc. of maintaining a lab services monopoly told an appellate panel Wednesday that a lower court incorrectly acted as “a gatekeeper” by dismissing its suit, prompting a Ninth Circuit judge to lament the U.S. Supreme Court’s “de facto different standard for antitrust cases.”

Plaintiffs’ attorney R. Stephen Berry of Berry Law PLLC told the panel at oral arguments Wednesday that the suit — which accuses Quest of monopolizing diagnostic services by paying kickbacks, colluding with insurers and acquiring...
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