Antitrust Suit Against Big Pharma, Distributors Tossed

Law360, New York (September 28, 2009, 6:08 PM EDT) -- A federal judge has dismissed a $2.3 billion antitrust lawsuit accusing 16 pharmaceutical manufacturers and a group of drug distributors of conspiring to keep a Long Island, N.Y.-based secondary wholesaler out of business.

Judge Denis R. Hurley of the U.S. District Court for the Eastern District of New York dismissed the case Thursday after concluding that plaintiff RxUSA Wholesale Inc. had failed to state a claim against any of the 25 defendants.

The suit accused the manufacturers and their authorized distributors of violating the Sherman Act...
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