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3rd Circ. Says J&J Must Face Walgreens, Kroger Antitrust Suit

by scceu0440

Law360 (February 21, 2020, 6:48 PM EST) — Walgreens and Kroger have earned another crack at proving Johnson & Johnson snuffed out competition for its arthritis treatment Remicade and hiked the drug’s price tag, as the Third Circuit disagreed with a lower court that a commercial contract barred the retailers’ federal antitrust claims.

In a precedential ruling handed down Friday, the panel found that an agreement inked between J&J’s pharmaceutical arm Janssen Biotech Inc. and the wholesalers that Walgreen Co. and Kroger Co. go through to buy pharmaceuticals has no bearing on the case.

The contract in question contained an anti-assignment provision that a Pennsylvania federal judge thought torpedoed…

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