E-Prescription Co. Hopes To Zap FTC Monopoly Case

Law360 (July 15, 2019, 5:20 PM EDT) -- Surescripts has told a D.C. federal court that the court lacks jurisdiction to hear a Federal Trade Commission suit accusing the company of dominating the electronic prescription market with competition-killing tactics, and says the agency can't prove its case anyway.

Surescripts LLC moved to dismiss the suit on the grounds that it's not a "proper case" under the FTC Act, adding the government's complaint fails under the Sherman Act because it does not allege as required that the company's prices are predatory.

The FTC in April accused Surescripts of using a variety of tactics such as exclusive deals, loyalty payments and...

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