Antitrust; Claims under §§ 1 & 2 of the Sherman Act; Private right of action; 15 USC § 15(a); “Standing”; “Proximate causation”; Apple Inc v Pepper; Illinois Brick Co v Illinois

On petition for a rehearing en banc, the original panel reviewed the petition and concluded in an order that the issues raised were fully considered in the original submission and decision (see eJournal # 84498 in the 10/21/25 edition). The petition was then circulated to the full court and no judge requested a vote on the suggestion for rehearing en banc. Thus, the petition was denied. The court held in the original decision that plaintiff-United Allergy’s Sherman Act claims against defendants-insurers and an allergy-care medical group were properly dismissed because plaintiff, as an “indirect seller,” was unable to establish proximate cause.