States Say AMG Case Can't Save Drugmakers In Price-Fix Suit

By Christopher Cole (December 3, 2021, 7:16 PM EST) -- State enforcers have told a Pennsylvania federal judge that this year's U.S. Supreme Court decision to pare the Federal Trade Commission's use of restitution powers has no impact on their pursuit of price-fixing damages against generic-drug makers.

Led by the Connecticut Attorney General's Office, the states argued that the justices' unanimous ruling this spring in AMG Capital v. FTC, which swept away the commission's long-running use of federal court-ordered injunctions to obtain monetary relief for antitrust and consumer harms, does not dash their Clayton Act claims for relief against the pharma companies.

The states' suit is only part of multidistrict litigation...

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