CVS Must Face RxStrategies' Revised Antitrust Claim

Law360 (December 4, 2019, 6:24 PM EST) -- Brushed-up assertions of CVS' dominance in some local pharmacy markets were enough Wednesday for a Florida federal judge to refuse to toss an antitrust claim brought against the company by a rival administrator for a federal discounted drugs program.

After previously tossing RxStrategies Inc.'s antitrust allegations — accusing CVS Pharmacy Inc. and its 340B Drug Pricing Program administrator Wellpartner LLC of violating the Sherman Act when they required health care providers to use Wellpartner or lose access to CVS' pharmacies — U.S. District Judge James S. Moody Jr. held that the plaintiff had fixed problems with its description of market power....

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