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...
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