OMNICARE, INC. v. UNITEDHEALTH GROUP, INC.

No. 09-1152.

629 F.3d 697 (2011)

OMNICARE, INC., Plaintiff-Appellant, v. UNITEDHEALTH GROUP, INC., PacifiCare Health Systems, Inc., and RxSolutions, Inc., d/b/a Prescription Solutions, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 10, 2011.


Attorney(s) appearing for the Case

Harvey Kurzweil , Attorney (argued), Dewey & Leboeuf, New York, NY, for Plaintiff-Appellant.

Steven M. Edwards , Attorney (argued), Hogan Lovells U.S. LLP, New York, NY, for Defendants-Appellees.

Before KANNE and TINDER, Circuit Judges, and GRIESBACH, District Judge.


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 UnitedHealth 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...

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