Omnicare, Inc. v. Unitedhealth Group, Inc.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
TINDER, Circuit Judge.
In the months leading up to the 2006 launch of Medicare Part D, institutional pharmacy Omnicare entered into separate service contracts with merging Medicare Part D plan sponsors UnitedHealth Group and PacifiCare. The terms of the United-Health Group contract were favorable to Omnicare; the terms of the PacifiCare contract, which Omnicare signed without negotiation, were significantly less so. Shortly after the UnitedHealth Group-PacifiCare merger was finalized, United-Health Group abandoned its contract with Omnicare and joined PacifiCare’s. Omnicare cried foul and…
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