A federal appeals court has given new life to a price-fixing lawsuit brought by Walgreen and Kroger over Johnson & Johnson’s drug Remicade.

Friday’s precedential ruling from the U.S. Court of Appeals for the Third Circuit overturned a March 2019 decision from the Eastern District of Pennsylvania that granted summary judgment to Johnson & Johnson and its affiliate, Janssen Biotech. The appeals court said contract language can’t stop the assignment of federal antitrust claims.

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