The U.S. Court of Appeals in Philadelphia precludes tying claims brought by a hospital, upholding the direct-purchaser rule under the Illinois Brick doctrine (Warren General Hospital / Amgen)

Illinois Brick Direct-Purchaser Rule Precludes Tying Claims by Hospital* The U.S. Court of Appeals in Philadelphia earlier this week reaffirmed the “bright-line” rule limiting federal antitrust standing to direct purchasers. The court upheld dismissal (CCH 2010-1 Trade Cases ¶77,043) of an antitrust action brought by a small Pennsylvania hospital, which sought to represent members of a proposed class, composed of other hospitals, clinics, and care centers, that purchased drugs manufactured by Amgen Inc. Under the Illinois Brick doctrine, the hospital lacked standing. The doctrine

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  • Wolters Kluwer (Riverwoods)

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Jeffrey May, The U.S. Court of Appeals in Philadelphia precludes tying claims brought by a hospital, upholding the direct-purchaser rule under the Illinois Brick doctrine (Warren General Hospital / Amgen), 14 June 2011, e-Competitions June 2011, Art. N° 36731

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