Legal Opinion

West Penn Allegheny Health System, Inc. v. UPMC

Court of Appeals for the Third Circuit

Decided November 29, 2010No. 09-4468PublishedCited by 240 opinions

1Opinion of the Court

OPINION

SMITH, Circuit Judge.

The plaintiff in this antitrust case is Pittsburgh’s second-largest hospital system. It sued Pittsburgh’s dominant hospital system and health insurer under the Sherman Act and state law. The plaintiff asserts that the defendants violated sections 1 and 2 of the Sherman Act by forming a conspiracy to protect one another from competition. The plaintiff says that pursuant to the conspiracy, the dominant hospital system used its power in the provider market to insulate the health insurer from competition, and in exchange the insurer used its power in the insurance…

2Cases cited65 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  4. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  5. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009

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3Cited by240 opinions

  1. Burtch v. Milberg Factors, Inc.Court of Appeals for the Third Circuit · 2011
  2. Kareem Garrett v. Wexford HealthCourt of Appeals for the Third Circuit · 2019
  3. Warren General Hospital v. Amgen Inc.Court of Appeals for the Third Circuit · 2011
  4. In Re Schering Plough Corp. Intron/Temodar Consumer Class ActionCourt of Appeals for the Third Circuit · 2012
  5. SD3, LLC v. Black & Decker (U.S.) Inc.Court of Appeals for the Fourth Circuit · 2015

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