SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of Earliest Event Reported) – January 16, 2009
OMNICARE, INC.
(Exact Name of Registrant as Specified in Charter)
| | | | |
| DELAWARE | | 1-8269 | | 31-1001351 |
(State or Other Jurisdiction of Incorporation) | | (Commission File Number) | | (IRS Employer Identification No.) |
| |
100 East RiverCenter Boulevard, Suite 1600 Covington, Kentucky | | 41011 |
| (Address of Principal Executive Offices) | | (Zip Code) |
(859) 392-3300
(Registrant’s telephone number, including area code)
Not Applicable
(Former name or address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
On January 19, 2009, Omnicare, Inc. (the “Company”) announced that it will appeal a ruling issued by the U.S. District Court for the Northern District of Illinois on January 16, 2009 granting a summary judgment motion filed by UnitedHealth Group Incorporated and its subsidiaries, PacifiCare Health Systems, Inc. and RxSolutions, Inc., which does business as Prescriptions Solutions (collectively “United”), in the Company’s antitrust and fraud action against United. As previously disclosed, the Company’s action asserts claims of violations of federal and state antitrust laws, civil conspiracy and common law fraud arising out of an alleged conspiracy by United to illegally and fraudulently coordinate their negotiations with the Company for Medicare Part D contracts as part of an effort to defraud the Company and fix prices.
A copy of the of the press release issued by the Company on January 19, 2009 is included as Exhibit 99.1 to this report and is incorporated herein by reference.
| Item 9.01. | Financial Statements and Exhibits. |
(d)Exhibits.
| | |
Exhibit No. | | Description |
| 99.1 | | Press Release of Omnicare, Inc., dated January 19, 2009. |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, Omnicare, Inc. has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| | |
| OMNICARE, INC. |
| |
| By: | | /s/ Mark G. Kobasuk |
| Name: | | Mark G. Kobasuk |
| Title: | | Vice President - General Counsel |
Dated: January 20, 2009
EXHIBIT INDEX
| | |
Exhibit No. | | Description |
| 99.1 | | Press Release of Omnicare, Inc., dated January 19, 2009. |
