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Antitrust Practice Wins Appellate Victory for 15 Pharma Companies

August 23, 2012

Kaye Scholer led the defense before the California Court of Appeal of a joint motion for summary judgment we obtained last year in the Superior Court of California, Alameda County, on behalf of 15 of the leading brand name prescription drug manufacturers and PhRMA, their trade association. Seventeen retail California pharmacies sued under California’s antitrust law claiming that the defendants conspired in violation of the Cartwright Act, California’s antitrust law, to use Canadian drug prices as a floor for setting US prices for prescription drugs, and colluded to prevent re-importation of less expensive drugs from Canada to protect the object of the conspiracy.

The Kaye Scholer team consisted of Saul P. Morgenstern (argued summary judgment in the trial court), Aton Arbisser (argued in the Court of Appeal), Bryant Delgadillo (LA counsel), Karin E. Garvey (NY counsel), Amanda Myers (LA Associate), and Michael Schenk (LA paralegal).

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Download: A copy of the decision can be read here. (pdf 192625 bytes)