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Louisiana Wholesale Drug v. Bayer

U.S. Supreme Court Refuses to Take Up Legality of Alleged Anticompetitive Rx Agreements

What's at Stake

AARP Foundation Litigation attorneys filed AARP's "friend of the court" brief with the appellate courts, and the Supreme Court. AARP's brief outlined how cloaking these anticompetitive agreements with the mantle of automatic legitimacy will severely weaken the protections embodied in both the Hatch-Waxman and the Sherman acts.

The brief was just one part of AARP's vigorous efforts to hold brand name manufacturers to the letter and spirit of antitrust law. AARP Foundation Litigation attorneys have filed AARP's briefs in similar cases involving the drugs Cardizem, Tamoxifen, and K-Dur, as well as briefs in a separate but related lawsuit regarding Cipro.

Case Status

With the U.S. Supreme Court declining to review the lower court's ruling, the case is over.

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Find the most recent cases in which AFL has advocated in courts nationwide for the rights of older persons, and filed AARP’s amicus curiae (“friend of the court”) briefs that help courts decide precedent-setting cases.

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