Pa. Hospital Takes Amgen Tying Fight To 3rd Circ.

Law360, New York (June 15, 2010, 2:53 PM EDT) -- A Pennsylvania hospital is appealing the dismissal of a putative class action that accuses Amgen Inc. of violating antitrust laws by tying discounts on certain pharmaceuticals to purchases of the company's anemia drug Aranesp.

Warren, Pa.-based Warren General Hospital on Monday filed notice of appeal to the U.S. Court of Appeals for the Third Circuit, challenging a judge's ruling that as an indirect purchaser it lacked standing to sue Amgen.

The hospital alleged in its complaint that Amgen offered rebates to end-user purchasers such as itself...
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