Sleep Apnea Product Maker Sues Dominant Firm

A maker of sleep apnea flow generators and masks filed a Sherman Act §1 and §2 complaint against the alleged dominant supplier, ResMed Inc. and ResMed Corp., challenging purported de facto exclusive contracts with distributors (3B Mdeical Inc. v. ResMed Inc., M.D. Fla., 8:15-cv-00546, 3/11/15).

3B Medical Inc. contended in its March 11 complaint that ResMed is a monopolist using its market power to enforce requirements contracting on distributors under threat to cut them off if they carry competing products. 3B brought claims for restraint of trade, tying, and exclusive dealing under Sherman Act ...