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Omnicare, Inc. v. UnitedHealth Group, Inc., 09-1152

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By FindLaw Staff on January 10, 2011 3:25 PM

Action for violation of the Sherman Act

Omnicare, Inc. v. UnitedHealth Group, Inc., 09-1152, concerned a challenge to the district court's grant of summary judgment in favor of the defendants, in a pharmaceutical provider's suit against insurers, UnitedHealth Group and PacifiCare, claiming violation of the Sherman Act, as well as state antitrust claims and common law fraud, conspiracy to commit fraud and unjust enrichment claims, arising from allegations that defendants conspired to depress the reimbursement it would receive shortly after the merger.


In affirming the judgment, the court held that plaintiff cannot prove that defendants violated section 1 of the Sherman Act as the evidence in the record does not create a genuine issue of material fact as to the existence of an anticompetitive agreement among defendants.  Further, the lack of an agreement between the defendants necessarily undermines plaintiff's remaining state law claims.  Lastly, in light of dismissal of plaintiff's claims, plaintiff's motion for partial summary judgment on the issue of defendants' affirmative defenses cannot proceed.

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