Allied Orthopedic Appliances, Inc., et al. v. Tyco Healthcare Group L.P. Part 2

In this class action, Janusz Ordover, supported by Jith Jayaratne and a Compass Lexecon team in San Francisco, provided economic analyses for Tyco Healthcare and concluded that the impact on members of a proposed class of direct purchasers of pulse oximetry products in the United States could not be assessed using evidence common to the class. In our last newsletter, we reported that Judge Mariana Pfaelzer agreed and denied the motion to certify the putative class. Since our last writing, Tyco Healthcare filed a motion for summary judgment on plaintiffs’ Sherman Act Section 1 and 2 claims. In support of this motion, two Compass Lexecon teams provided economic analyses. Janusz Ordover, supported by Jith Jayaratne and a Compass Lexecon team in San Francisco, concluded that plaintiffs had failed to establish that they were injured by the challenged conduct. Joe Kalt, supported by Steve Peterson and a team in Cambridge, also provided economic analyses for Tyco Healthcare to conclude that Tyco Healthcare does not possess monopoly power in the relevant market. In July 2008, Judge Pfaelzer citing changes in competitive conditions in the marketplace, granted Tyco’s motion for summary judgment and rejected plaintiffs’ antitrust claims. Compass Lexecon was retained by Christopher Dusseault of Gibson, Dunn & Crutcher LLP, who successfully represented Tyco Healthcare.