Firm Secures Dismissal for Healthcare Company in Antitrust Case

August 8, 2018

On August 3, 2018, the Firm scored a significant victory when the Louisiana First Circuit Court of Appeals dismissed an action brought by the Louisiana Attorney General against our client, a Fortune 500 healthcare company. The Attorney General brought the action in March 2015, and asserted claims against our client under the Louisiana Monopolies Act and the Louisiana Unfair Trade Practices Act (LUTPA) based on conduct that allegedly occurred between 1997 and 2005.

The First Circuit reversed a prior decision of Louisiana’s Nineteenth Judicial District Court, and rendered “judgment dismissing the State’s petition for failure to state a cause of action.” It held that the Monopolies Act only reaches conduct allegedly occurring within the geographic boundaries of the state. Here, the Attorney General’s claim failed because the alleged conduct all occurred outside Louisiana. The First Circuit also held that the State had no claim under LUTPA because the alleged conduct all predated the relevant 2006 amendments to LUTPA that allow for civil penalties and restitution.

To read the court’s decision, click here.