Surescripts Can't Sink FTC's Monopoly Case

Law360 (January 17, 2020, 9:53 PM EST) -- A D.C. federal court ruled Friday that Surescripts LLC can't kill a case brought by the Federal Trade Commission, which accused the company of using contract terms and other tactics to illegally maintain its monopoly over electronic prescription services.

U.S. District Judge John D. Bates wasn't convinced by Surescripts' argument that the court lacked the jurisdiction to issue a permanent injunction sought by the FTC. The FTC Act bars courts from issuing permanent injunctions except in "proper" cases, but it's not clear whether that's a jurisdictional restriction, Judge Bates said.

"Neither this specific provision nor [the] broader framework for seeking equitable...

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