On September 17, 2012, Judge Gustavo Gelpi, District Court Judge for the District of Puerto Rico, denied the defendants' motion to dismiss plaintiff's complaint in Humana Health of Puerto Rico v. Vilaro. In this case, Humana alleged that the defendant, Dr. Vilaro, in concert with several other physicians, unlawfully colluded during the course of their contract negotiations with Humana. Specifically, the Court noted that Humana had alleged that the physicians "included one another in attempted negotiations with Humana via email, copied one another on each other's notification of termination to [Humana], and jointly provided a table setting forth proposed higher rates that were required as a condition to continue providing services to [Humana] patients."
In rejecting the doctors' motion to dismiss the complaint, the Court held that defendants' actions "ostensibly reflect concerted behavior, rather than unilateral conduct," and that "collective efforts to boycott and price-fix offend Section 1." In addition, the Court held that because Humana's complaint "satisfactorily alleges consequent injuries to itself and the community due to defendants' refusal to treat certain patients," Humana had also adequately pled an antitrust injury. Accordingly, the defendants' motion to dismiss Humana's complaint was denied, permitting the case to proceed towards trial.
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