antitrust
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Federal judge finds Vail Health did not engage in monopolistic practices
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A federal judge concluded last week that Vail Health did not engage in unlawful anticompetitive practices involving a monopoly on the physical therapy market in the Vail Valley. Sports Rehab Consulting LLC and its founder, Lindsay Winninger, alleged the health system employed tactics to monopolize or attempt to monopolize the provision of physical therapy in…
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10th Circuit allows jury to decide multimillion-dollar antitrust lawsuit
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A jury will decide whether a manufacturer broke the law by threatening its customers with retaliation if they bought product from a rival supplier, the federal appeals court based in Denver ruled on Monday. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit found a trial judge wrongly sided with defendant…
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Weiser to invite Coloradans to weigh in on Kroger-Albertsons merger
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Attorney General Phil Weiser announced on Thursday his intent to launch a listening tour to receive comments from Colorado residents about the impact of a proposed merger between supermarket giants Albertsons and Kroger. Weiser indicated he is part of a multistate effort to investigate the merger and the specific concerns that may accompany a consolidation…
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Federal judge finds Calhan officials likely engaged in ‘some misconduct,’ but no federal violation
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The Town of Calhan and various members of a politically-involved family are not liable for violations of federal antitrust law or the U.S. Constitution, but a federal judge nonetheless believed that “some misconduct” occurred during the passage of local recreational vehicle park regulations. The lawsuit brought by Van Sant & Co. against Calhan and members…
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DaVita case heads to jury: ‘There’s not a bro code exception’
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Jurors will now decide whether Denver-based kidney care company DaVita, Inc. and its former leader, Kent Thiry, are guilty of violating a century-old federal antitrust law by conspiring to prevent DaVita employees from being recruited for other job opportunities. Prosecutors with the U.S. Department of Justice and defense attorneys for DaVita and Thiry delivered nearly…
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Jurors hear from victim of alleged corporate conspiracy in ongoing DaVita trial
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After a week of calling corporate executives to testify and airing communications between the enablers of an alleged white-collar conspiracy, the government’s attorneys on Tuesday closed their case by letting the jury hear from one victim of the scheme. Elliot Holder, a self-described mid-level employee of kidney care company DaVita, Inc., recounted his experience interviewing…
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Jurors in DaVita trial quiz FBI agent about investigation tactics
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Jurors expressed a keen interest on Monday in knowing the details of the federal government’s process for investigating, charging and prosecuting kidney care company DaVita, Inc. and its former leader, Kent Thiry, on white-collar criminal charges. As the second week of the trial began in downtown Denver, Special Agent Matthew Hamel of the Federal Bureau…
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DaVita criminal trial ends first week with executive hiring under microscope
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The criminal trial of kidney care company DaVita, Inc. and its former leader, Kent Thiry, ended its first week with a detailed look at the flow of DaVita employees to Radiology Partners, another healthcare company the government alleges was involved in a conspiracy to stifle competition in the labor market. Jurors heard from Rich Whitney,…
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Defense gets chance to clarify gentlemen’s agreements in DaVita criminal trial
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Defense lawyers sought to change jurors’ perception of the corporate pacts at the heart of the federal criminal trial of DaVita, Inc. and its former leader, Kent Thiry, by clarifying the intent directly with one of the men responsible for the agreements. Andrew Hayek, the former chief executive officer of Surgical Care Affiliates, said on…
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‘Tell-your-boss’ mandate at center of witness testimony in DaVita trial
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Jurors learned that Kent Thiry, the former leader of DaVita, Inc., was the person who devised the unusual – and illegal, prosecutors say – requirement that DaVita’s senior employees tell their superiors that they were thinking of leaving before they could even be considered for positions at a competitor company. The “tell-your-boss” feature, as parties in the…
