Paul, Weiss Wins Dismissal of an Antitrust Class Action Against Becton, Dickinson

Paul, Weiss won a complete dismissal, with prejudice, of an antitrust class action against longtime client Becton, Dickinson and Company (BD). A putative class of all hospitals and healthcare providers in America claimed that BD charges illegally inflated prices for syringes and I.V. catheters by excluding competitors from the market. The District Court for the Southern District of Illinois granted BD’s motion to dismiss, finding that the plaintiffs have no standing to sue BD for antitrust damages. The court held that under the Supreme Court’s decision in Illinois Brick, plaintiffs are not direct purchasers and that none of the exceptions to that rule apply.

The Paul, Weiss team included litigation partners Robert Atkins, William Michael and Jacqueline Rubin.