DOJ Asks 7th Circ. To Revive Becton Price-Fixing Suit
Law360 (April 26, 2019, 8:27 PM EDT) -- A federal court “misconstrued” the U.S. Supreme Court’s landmark Illinois Brick ruling when it tossed an antitrust suit filed by health care providers accusing medical supplier Becton Dickinson & Co. and others of jacking up prices on syringes and catheters, the U.S. Department of Justice told the Seventh Circuit.
In an amicus brief filed Thursday, the DOJ said a federal judge shouldn’t have tossed Marion Diagnostic Center LLC, Marion Healthcare LLC and Andron Medical Associates’ antitrust suit, which claimed they overpaid for safety syringes and catheters because the direct purchasers, or distributors, conspired with Becton to keep prices high.
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