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››3rd Circle Allows Merck to arbitrate antitrust lawsuit over Vax pricing

3rd Circle Allows Merck to arbitrate antitrust lawsuit over Vax pricing

By Terrie Graves
April 1, 2022
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By PJ D’Annunzio (March 31, 2022, 9:02 p.m. EDT) – Antitrust claims against Merck Sharp & Dohme Corp. by pediatricians who allege the company inflated vaccine prices must be arbitrated, the Third Circuit ruled Thursday, reasoning that the doctors were bound by an arbitration clause in a contract involving intermediaries between their practices and Merck.

In a previous opinion, a three-judge Third Circuit panel said that if the listing of Sugartown Pediatrics, Schwartz Pediatrics, and Margiotti & Kroll Pediatrics in physician buying groups, which act as intermediaries in the purchase of vaccines , meant that they were bound by the theory of agency by the contracts, which contain arbitration clauses. Sugartown and Margiotti & Kroll…

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