Surescripts Says Pharmacies' Antitrust Claims Too Indirect

Law360 (June 26, 2020, 7:03 PM EDT) -- The e-prescription service Surescripts LLC told an Illinois federal judge Friday that pharmacies don't have standing to claim it built a monopoly in the industry because they haven't contracted with it directly.

In a hearing on the company's bid to dismiss those claims, Surescripts attorney Al Pfeiffer of Latham & Watkins LLP told U.S. District Judge John Tharp Jr. that the pharmacies were "intentionally careful" in their language in their complaint to get around the fact that they are not direct purchasers. They never bought routing services — which carry electronic prescriptions from providers to pharmacies — through Surescripts, but instead...

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