08-3187 Volume Appendix15.pdf - Medical Supply Chain

The complaint states the defendants had interlocking
directors to facilitate their monopoly and that antitrust
law violations occurred:
235 states:
“The May 25, 2000 announcement also revealed the
interlocking directors used by the Defendants to
restrain trade in hospital supplies. In connection with
the new agreements, two of the seven seats on the
Neoforma.com Board of Directors will be filled by VHA
designees after closing of the transaction.”
368 states:
“(US Bancorp has interlocking directorships and an
exchange of directors with the two dominant GPO founders of
GHX LLC.; the Defendant Novation and Premier. US Bancorp
helped the Defendant Novation acquire control of the
Defendant Neoforma and partner it with GHX LLC. creating a
monopoly of over 80% of healthcare e-commerce).”
424 states:
“Medical Supply Chain, Inc. has been excluded from the
hospital supply market with agreements between UHA and
VHA’s Novation in combination with their electronic
marketplace Neoforma, Inc. US Bancorp NA, and The Piper
Jaffray Companies exchanged directors with Novation and
participated in exclusive agreements with Novation and
Neoforma to keep hospitals using technology products from
companies US Bancorp NA and Piper Jaffray had an interest
in. The purpose of these agreements was to injure the
hospital supply consumers with artificially inflated
prices.”
500 states:
“The Defendants use of interlocking directors in
joint ventures and LLC’s formed by competing suppliers,
manufacturers and distributors and use of interlocking
directors on the boards of healthcare technology and
supply chain management companies violate Section 8 of
the Clayton Act, 15 U.S.C. § 19.”
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08-3187 Medical Supply Chain vs. Neoforma Volume XV 5939