"The Hospitals... assert they are exempt from the requirements... due to the state action doctrine, which, while a judicially created affirmative defense to antitrust liability, is not one of the enumerated exemptions to the HSR Act," argued government attorneys.
The ruling allows the whistleblowers to further pursue their claims against the pharmacies, alleging they violated the False Claims Act when they charged Medicare and Medicaid far more than they charged customers for drugs.
Two whistleblowers brought suit on behalf of the federal government, alleging SuperValu's pharmacies failed to submit "usual and customary" prices, which impacts the discount that the pharmacy will receive when reimbursed.
Funds suffered "catastrophic losses" as three senior portfolio managers concealed the magnitude of risk and actual investment performance of their trading strategy.