9th Circ. Nixes Pharmacies' Pfizer-Wyeth Merger Suit

Law360, New York (May 20, 2011, 3:25 PM EDT) -- The Ninth Circuit on Thursday upheld the dismissal of a group of pharmacies' antitrust challenge to Pfizer Inc.'s $68 billion merger with Wyeth, saying the pharmacies failed to specify a relevant product market that would be harmed by the merger.

The seven pharmacies in the long-running case claim the deal — which was completed in 2009 — ran afoul of Section 7 of the Clayton Act and Section 1 of the Sherman Act because Pfizer and Wyeth directly competed with each other in various submarkets of...
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