Plaintiffs in the Class Action allege that Becton Dickinson and Company ("BD") violated federal antitrust laws with respect to the sale of BD Hypodermic Products. The Lawsuit claims that BD engaged in several forms of anticompetitive practices, including: (1) imposing market share purchase requirements on hospitals or other healthcare entities, (2) bundling its goods for exclusionary purposes, (3) conspiring with Group Purchasing Organizations (GPOs) for the purpose of imposing exclusionary contracts, and (4) conspiring with other manufacturers to impose rebate penalties on purchasers relating to a bundle of products. The Lawsuit claims that by engaging in this conduct, Defendant was able to improperly maintain a monopoly in the markets in which BD Hypodermic Products are sold, causing direct purchasers of BD Hypodermic Products to pay artificially inflated prices for BD Hypodermic Products.
All persons and entities (and assignees of claims from such persons and entities) who (1) purchased BD Hypodermic Products in the United States from BD at any time during the period of March 23, 2001 through April 27, 2009 (the "Class Period") and (2) were invoiced by BD for said purchases. The Direct Purchaser Class excludes BD, BD's parents, subsidiaries and affiliates, and United States Government Entities and those persons or entities who are permitted by the Court to opt out of the Direct Purchaser Class.
"BD Hypodermic Products" are products sold by BD in the following device categories:
- safety and conventional hypodermic needles and syringes;
- safety and conventional blood collection devices, including needles, blood collection tubes, and tube holders;
- safety and conventional IV catheters, including winged IV catheters; and
- safety and conventional insulin delivery devices.
Becton Dickinson and Company
The Court has preliminarily approved a proposed settlement between BD and the Direct Purchaser Class. The Settlement will provide for payment of $45 million for allocation to the members of the Direct Purchaser Class.