After nearly two decades of litigation against some of the biggest drug companies in the country, likely the last thing a group of individual pharmacies wanted to hear was that their claims were small potatoes.
But that’s more or less what a federal judge in Brooklyn, N.Y., concluded last Thursday, when he granted a motion for summary judgment in favor of Novartis International AG and its Sandoz Pharmaceuticals unit, Abbott Laboratories, Johnson & Johnson, Pfizer Inc., and Rhone-Poulenc Rorer Inc. (now part of Sanofi-Aventis). In a 29-page opinion, U.S. Magistrate Judge Steven Gold held that a collection of 28 pharmacies didn’t suffer sufficient harm to pursue their price discrimination claims against the drug companies under the federal Robinson-Patman Act.
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