Eastman
Eastman v. Quest Diagnostics Inc.
Opinion
Lead Opinion
Orrick, J.
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
INTRODUCTION
Plaintiffs seek to assert antitrust and related state-law claims against defendant *830 Quest Diagnostics Incorporated for its alleged monopoly pricing for routine diagnostic testing services. Plaintiffs’ claims fail because they have not sufficiently alleged that they were injured by Quest’s anticompetitive practices or that Quest’s conduct foreclosed competition in a substantial share of the relevant market. Plaintiffs’ complaint is DISMISSED WITH LEAVE TO AMEND.
BACKGROUND
Plaintiffs Colleen Eastman, Christi Cruz, and Carmen Mendez are individuals who have paid for out-patient routine diagnostic testing services by Quest. Compl. ¶¶ 33-85 [Dkt. No. 1]. Their payments to Quest were “as a result of’ or “to fulfill” their “co-payment and deductible obligations.” Id. They allege that Quest was able to charge above-competitive prices for its diagnostic testing services as a result of its exclusionary anti-competitive practices, including eliminating competitors and colluding with major health plans to limit competition in the diagnostic testing services market. Id. ¶¶ 115-117.