· 3/16/1987
Rickard v. United States
Citations
- 11 Cl. Ct. 874
- 1987 U.S. Claims LEXIS 166
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “opportunities for competition remained]” for three-year exclusive dealing contract with early termination provision
- finding that state and federal actions were parallel when 15 the actions raised overlapping, but not identical, factual issues and the insurer was not a 16 party in the underlying state court action
- noting that courts have developed a two-pronged test for determining antitrust standing: (1) whether the plaintiff suffered an antitrust injury; and (2) an analysis of other factors \largely relating to the directness and identifiability of the plaintiff's injury\
- finding that plaintiff anesthesiologist did not have standing where the group of which he was a member lost an exclusive contract to another bidder because the injury “came as a result of his losing out in the competition”
- finding no anticom-petitive effect where the substitution of one provider for another did not change the market “[f]rom the consumers’ point of view”
- no standing because exclusive dealing claim “alleged no threat of ‘adverse economic consequences’ to anyone but [plaintiff]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Yock
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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