3rd Circ. Affirms Dismissal Of Amgen Tying Suit

Law360, New York (June 14, 2011, 6:36 PM EDT) -- The Third Circuit said Tuesday that a Pennsylvania hospital lacked standing to represent a class of purchasers accusing Amgen Inc. of violating federal antitrust laws by tying pharmaceutical rebates to purchases of its anemia drug Aranesp.

Citing the U.S. Supreme Court's decision in Illinois Brick Co. v. Illinois, the Third Circuit said Warren, Pa.-based Warren General Hospital did not qualify as a direct purchaser of the drugs since it acquired them through distributor AmerisourceBergen Corp., and so could not bring a private antitrust action seeking damages...
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