Surescripts Can't Take FTC Monopoly Case To DC Circ. Yet

Law360 (May 22, 2020, 4:07 PM EDT) -- Electronic prescription service Surescripts won't get the chance to have the D.C. Circuit answer two questions it says are vital to get sorted before the Federal Trade Commission's case accusing it of illegally maintaining a monopoly can move forward.

U.S. District Judge John D. Bates ruled on Thursday that he wouldn't be certifying the matters for interlocutory appeal, noting the company's shift to embrace previously disavowed arguments as one reason for turning down the request.

"The court will thus reject this late attempt to change Surescripts's approach and, as noted above, deny the motion to certify its January 17 decision for...

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