3rd Circ. Sends J&J Remicade Antitrust Fight to Arbitration

Law360 (September 13, 2019, 6:18 PM EDT) -- The Third Circuit ruled on Friday that antitrust claims from Rochester Drug Cooperative Inc. over allegedly inflated prices it paid for the Johnson & Johnson immunosuppressant Remicade fell within the scope of an arbitration clause in a distribution agreement between the two companies.

Upending a district court’s conclusion in the case, a three-judge panel sided with J&J in finding that RDC’s claims that it was subjected to inflated pricing as a result of alleged anti-competitive conduct were closely linked to the distribution agreement between the two companies listing the amount it could expect to shell out for Remicade.

“The only inflated...

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