AdvancePCS Antitrust Row Can't Be Arbitrated, 3rd Circ. Told

Law360, Philadelphia (September 10, 2012, 8:41 PM EDT) -- An attorney representing drugstores in a putative antitrust class action against AdvancePCS told the Third Circuit on Monday that their claims that the pharmacy benefits manager used its market power to depress reimbursement rates could not be addressed through arbitration ordered by a lower court in 2004.

The case against AdvancePCS, led by Bellevue Drug Co., had been ordered to arbitration by a U.S. district judge in the Eastern District of Pennsylvania in 2004 per the terms of their contracts. However, arguing before a three-judge panel...
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