Health Care Antitrust Advisory: District Court Dismisses Antitrust Complaint Alleging Mutual Protection Conspiracy Between Dominant Provider and Dominant Insurer

On October 29, 2009, the U.S. District Court for the Western District of Pennsylvania dismissed a Pittsburgh hospital?s antitrust lawsuit against a competing hospital and the area's largest health insurer. West Penn Allegheny Health System, Inc. v. UPMC and Highmark, Inc., No. 09-0480 (W.D. Pa., Oct. 29, 2009). The court found the Plaintiff?s allegation of a mutual protection conspiracy less than plausible on its face, as required by the Supreme Court?s holding in Bell Atlantic Corp. v. Twombly.

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Mintz Levin - Health Law & Policy Matters on:

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