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Medco, Merck Fight Pharmacies' Take On Per Se Rule

Law360 (November 5, 2007, 12:00 AM EST) -- Medco Health Solutions Inc. and Merck & Co. Inc. have accused pharmacies of distorting a recent Illinois district court decision, allegedly misinterpreting it as affirmation that agreements between buyers to depress prices paid to pharmacies constitute per se anti-competitive price-fixing.

Medco and Merck filed a response Friday in the U.S. District Court for the Eastern District of Pennsylvania to the pharmacy plaintiffs' notice regarding the Northern District of Illinois' September decision in Omnicare v. United Health Group. The sides are quarreling over what standard should be...
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