News & Analysis as of

Robinson-Patman Act Pharmaceutical Industry

White & Case LLP

Three Drug Pricing Litigation Issues to Watch in the Second Half of 2024

White & Case LLP on

It has been a busy year for issues related to drug pricing, and with the election around the corner, litigation issues that have been developing over the last few years are likely to be a key focus for the second half of...more

K&L Gates LLP

The FTC's "New" Tool: Greater Enforcement of the Robinson-Patman Act

K&L Gates LLP on

While, historically, government enforcement of the Robinson-Patman Act has been virtually non-existent, the Federal Trade Commission (FTC) recently announced its intention to dust-off the oft-forgotten Act to encourage...more

Epstein Becker & Green

Providing Discounted Drugs to Employees, Retirees, and Dependents

The Non-Profit Institutions Act provides an exemption from the Robinson-Patman Antidiscrimination Act by permitting the sale of discounted drugs to “schools, colleges, universities, public libraries, churches, hospitals, and...more

Foley & Lardner LLP

FTC Advisory Opinion Says Hospital’s Proposed Prescription Program for Affiliated Entity Employees is Exempt from Robinson-Patman...

Foley & Lardner LLP on

On November 7, 2017, the Federal Trade Commission (FTC) released an advisory opinion confirming that a non-profit hospital in New York may sell discounted prescription drugs to the employees of an affiliated medical practice...more

Butler Snow LLP

Second Circuit tells pharmacies the antitrust claims they cooked up need more than a little Morton Salt

Butler Snow LLP on

Cash & Henderson Drugs, Inc. v. Johnson & Johnson, recently decided by the Second Circuit, concerns Robinson-Patman Act claims that retail pharmacies brought against pharmaceutical manufacturers. The retail pharmacies alleged...more

BakerHostetler

Discriminating Tastes: Court Puts Long-running Robinson-Patman Act Case To Rest

BakerHostetler on

Described as the Rodney Dangerfield of the antitrust laws, the Robinson-Patman Act—which prohibits anticompetitive price discrimination—gets no respect. The Justice Department and the Federal Trade Commission unapologetically...more

Akerman LLP - Health Law Rx

Florida Acknowledges Exemption For Intracompany Sales Of Pharmaceuticals

A new declaratory statement from Florida regulators clarifies the restrictions on intracompany sales of pharmaceuticals. Previously, if one pharmacy in Florida wanted to send a bottle of prescription medicine to its sister...more

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