Pfizer Inc., the world’s largest drugmaker, and other drug companies must face a price-fixing suit claiming they conspired to keep cheaper medicines from Canada out of the U.S. market.
The California Supreme Court today reversed a lower court, which two years ago granted dismissal of the suit by allowing the companies to use a “pass-on” defense. The companies argued they couldn’t be held liable for illegal drug overcharges -- and that the pharmacies weren’t harmed -- because any overcharge was passed on to consumers.
The ruling means that in California “no price-fixer is going to get off on the basis that the victim might have passed on to its customers the amount of the price fix,” Joseph M. Alioto, a lawyer representing pharmacies said in an interview. “Price fixers cannot raise this defense against anybody.”
Tuesday, July 13, 2010
Pfizer Medicine Price-Fixing Suit Reinstated by California High Court - Bloomberg
via bloomberg.com
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