Pharmacists Fail To Show Sufficient Lost Sales; Price Discrimination Claims Fail

Pharmacists Fail To Show Sufficient Lost Sales; Price Discrimination Claims Fail

NEW YORK - A federal magistrate judge in New York on Aug. 16 granted summary judgment in favor of five manufacturers of brand name prescription drugs (BNPDs) on pharmacies' claims that the manufacturers offered discounts and rebates to the pharmacies' competitors but not to the pharmacies in violation of the Robinson-Patman Act 15 U.S.C.S. § 13, finding that the pharmacies failed to demonstrate competitive injury (Drug Mart Pharmacy Corp., et al. v. American Home Products Corp., et al., No. 93-CV-5148, E.D. N.Y.; 2012 U.S. Dist. LEXIS 115882).

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