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LegitScript must face US antitrust claims filed by PharmacyChecker

( May 23, 2025, 23:59 GMT | Official Statement) -- MLex Summary: A three-judge panel at the US Court of Appeals for the Ninth Circuit affirmed a lower court’s order denying defendant LegitScript's motion for summary judgment in an antitrust action brought by PharmacyChecker, which accuses LegitScript of engaging in an illegal group boycott. LegitScript moved for summary judgment, contending PharmacyChecker lacked antitrust standing because its business facilitated the illegal importation of foreign drugs and, accordingly, it couldn't suffer any legally cognizable injury under Section 4 of the Clayton Act. US Circuit Judge Carlos Bea wrote that under Supreme Court and Ninth Circuit precedents, "we must hold that, to further the public policy in favor of vigorous antitrust enforcement, a plaintiff may have antitrust standing under Section 4 of the Clayton Act to sue for injuries suffered by its business or property interest when competing in a legitimate market, even if such business or property interest has been attained by unlawful means." Opinion attached. ...

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