2nd Circ. Nixes RxUSA's Bid To Revive Antitrust Suit

Law360, New York (August 30, 2010, 4:57 PM EDT) -- Secondary drug-seller RxUSA Wholesale Inc. has failed to revive a $2.3 billion suit accusing drugmakers and major drug wholesalers of deliberately squeezing the company out of the market.

A panel of the U.S. Court of Appeals for the Second Circuit issued a summary order Monday affirming a dismissal of the suit and finding that RxUSA can't support Sherman Act claims.

The court ruled that Long Island, N.Y.-based RxUSA failed to adequately allege claims of anti-monopolization and restraint of trade against groups of major drug manufacturers, including...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.