Medical Equipment Rental Antitrust Claims Must be Arbitrated

Eastern District of Texas Judge David Folsom has held that Freedom Medical Inc. must arbitrate its antitrust claim against medical device rental firm Premier Purchasing Partners.  Freedom had used a Premier on-line system called Passport that requires users to agree to arbitrate any disputes.  The plaintiff analogized the agreement to a mandatory click through agreement, but the court held that as a sophisticated market participant, Freedom was bound by the agreement.  The court did hold the limitation to single damages invalid as inconsistent with the antitrust laws treble damage standard.

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