01/24/2008
District Court Dismisses Tyco Antitrust Suit
By Elizabeth Landau
Thursday, Jan 24, 2008 — A Missouri magistrate judge on Tuesday dismissed all claims against Tyco International (US) and Tyco Health Care Group LP - now known as Covidien - in an antitrust class action case brought by Southeast Missouri Hospital.
The hospital alleged that a putative national class of hospitals was overcharged for urology catheters as a result of antitrust law violations by catheter suppliers Tyco and CR Bard Inc. These violations included monopolization, restraint of trade, civil conspiracy and engaging in contracts that hinder competition.
While Tyco and Covidien, which used to be part of Tyco, have been let off the hook, claims against defendant still stand, the United States District Court for the Eastern District of Missouri ruled. This is partly because, depending on the type of catheter, Bard has a 75 to 90% market share, while Tyco's is much smaller.
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