The U.S. Court of Appeals for the Third Circuit on Sept. 7 opened the door for indirect drug purchasers to recover damages under federal antitrust laws, ruling that the plaintiff in a product-hopping suit had standing to give the courts subject matter jurisdiction over its claims.
In Hartig Drug v. Senju Pharmaceutical, a three-member panel of the appeals court found that Hartig Drug Co., which had purchased two eye care products from pharmaceutical provider AmerisourceBergen Corp., had established a “judicially-redressable” injury when it claimed that Senju Pharmaceutical Co. and its co-defendants suppressed generic versions of Zymar and Zymaxid, resulting in inflated prices for the eye drops.
