Small Pharmacies Lose Class Cert. In Caremark Antitrust Row

Law360, New York (January 19, 2017, 5:49 PM EST) -- A Pennsylvania federal district court on Wednesday denied certification to four class actions in multidistrict litigation brought by independent pharmacies who accused Caremark RX and other pharmacy benefit managers of suppressing competition by paying them less than chains for drug sales.

In a memorandum, the court denied certification to two proposed class actions, including the lead case, and decertified two others that were granted recognition before joining the MDL, rejecting the pharmacies' expert testimony and saying the claims aren't homogenous enough to proceed.

"The putative class members' disparate factual circumstances prevent the proposed national injunctive class from being sufficiently cohesive to...

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