1st Circ. Nixes Pharmacies’ Appeal Of AWP Deals

Law360, New York (September 3, 2009, 7:37 PM EDT) -- A federal appeals court has shot down an appeal by pharmacy industry groups arguing that recent settlements in average wholesale price litigation against drug pricing publishers First Databank Inc. and Medi-Span will cause independent pharmacies to go out of business.

The opinion, passed down Thursday in the U.S. Court of Appeals for the First Circuit, denied a bid by several pharmacy groups to overturn the settlements even though the judges noted that the rollbacks articulated in the agreement might have a negative affect on business for...
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