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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.