Antitrust matters are rarely isolated within a single state or federal agency or jurisdiction. We represent clients facing multi-dimensional antitrust challenges on the transactional, regulatory and litigation fronts, mobilizing an unmatched combination of courtroom excellence, government experience and legal, economic and academic prowess on our clients’ behalf.
In Dismissal of Hospital’s Tying Claim Against Drug Manufacturer, Third Circuit Takes Narrow View of Direct Purchaser Requirement
June 27, 2011
In Warren General Hospital v. Amgen Inc., No. 10-2778, 2011 WL 2321393 (3d Cir. June 14, 2011), the Third Circuit recently affirmed the dismissal of a hospital's claim against Amgen for alleged illegal tying of two blood-treatment drugs, pursuant to the Supreme Court's "direct purchaser" requirement for antitrust standing in a damages action under Section 4 of the Clayton Act. The decision reinforces the role of the direct purchaser rule as a limiting principle on the private enforcement of the federal antitrust laws.