Secured Summary Judgment on Behalf of Health Care Client in Antitrust and Fraud Lawsuit Seeking $1 Billion in Damages

Omnicare, Inc. v. UnitedHealth Group, Inc., 06-cv-00103 (E.D. Ky.)

Robins Kaplan represented defendants UnitedHealth Group, Inc. and PacifiCare, Inc. in an antitrust lawsuit involving alleged price-fixing and fraud related to prescription drug reimbursement under the federal Medicare Part D program. Plaintiff Omnicare sought damages exceeding $1 billion and permanent injunctive relief. Summary judgment was granted to defendants on all claims, which was later affirmed by the 7th Circuit. This case has been recognized as the leading authority on liability under Section 1 of the Sherman Act for “gun jumping” the regulatory approval of a merger.

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