WEST PENN ALLEGHENY HEALTH SYSTEM, INC. v. UPMC

No. 09-4468.

627 F.3d 85 (2010)

WEST PENN ALLEGHENY HEALTH SYSTEM, INC., Appellant v. UPMC; Highmark, Inc.

United States Court of Appeals, Third Circuit.

Filed: November 29, 2010.


Attorney(s) appearing for the Case

Barak A. Bassman , James T. Giles , Barbara W. Mather (argued), Barbara T. Sicalides , Pepper Hamilton , Philadelphia, PA, Andrew K. Fletcher , Pepper Hamilton , Pittsburgh, PA, for Appellant.

Jonathan M. Jacobson (argued), Wilson, Sonsini, Goodrich & Rosati, New York, NY, Nilam A. Sanghvi , Nancy Winkelman , Schnader Harrison Segal & Lewis, Philadelphia, PA, Paul H. Titus , Schnader Harrison Segal & Lewis, Pittsburgh, PA, for Appellee UPMC.

Daniel I. Booker (argued), Jeffrey J. Bresch , Donna M. Doblick , Paul G. Eastgate , Reed Smith , Pittsburgh, PA, for Appellee Highmark, Inc.

Before: SLOVITER, BARRY, and SMITH, Circuit Judges.


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...

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