· 1/6/2010
Allied Orthopedic Appliances Inc. v. Tyco Health Care Group LP
Citations
- 592 F.3d 991
- 2010 U.S. App. LEXIS 259
- 2010 WL 22693
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that exclusive dealing claims involving “an agreement between a vendor and a buyer that prevents the buyer from purchasing a given good from any other vendor” can violate antitrust law
- noting that plaintiffs’ expert “never explained why price-sensitive hospitals would adhere to Tyco’s market-share agreements when they could purchase less expensive generic sensors in stead.”
- explaining that even a monopolist is “encouraged to compete aggressively on the merits, and any success it may achieve solely through the process of invention and innovation is necessarily tolerated by the antitrust laws” (internal quotation marks omitted)
- considering plaintiffs arguments and expert projections and concluding that characteristics of the contracts — such as the lack of pur chase requirement and easy terminability — precluded a finding that the contracts foreclosed competition
- “At any time, a GPO member could simply forego the negotiated discounts with Tyco and purchase less expensive generics instead.”
- “Under the antitrust rule of reason, an exclusive dealing arrangement violates Section 1 only if its effect is to „foreclose competition in a substantial share of the line of commerce affected.‟”
Source: CourtListener parenthetical corpus (CC0).
Judges: Thompson, Silverman, Bolton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.