3rd Circuit: Distributors, Not GPO Members, Are Direct Purchasers With Standing

PHILADELPHIA - Wholesale distributors, not health care providers, are direct purchasers of hypodermic products with standing to pursue claims that the manufacturer of those products violated the Sherman Act by entering into agreements with group purchasing organizations (GPOs) and other medical device manufacturers to impose exclusionary practices, the Third Circuit U.S. Court of Appeals ruled June 5 in an unpublished opinion (In re: Hypodermic Products Antitrust Litigation (American Sales Company, Inc., et al.), No. 11-3122, 3rd Cir.; 2012 U.S. App. LEXIS 11293).

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