White Plains, New York – January 8th, 2024 – In response to U.S. District Judge Michael H. Simon's January 3, 2023, ruling to deny a motion by LegitScript, LLC for summary judgment and to stay discovery in an antitrust lawsuit filed against it by PharmacyChecker.com, LLC, PharmacyChecker’s management released the following statement:
We are gratified that the court has rejected LegitScript’s attempts to immunize itself against this antitrust action, in which PharmacyChecker alleges an unlawful conspiracy by LegitScript and other defendants to suppress information that PharmacyChecker provides to help patients identify online pharmacies that sell genuine, safe, and affordable prescription medication, including through personal importation.
We look forward to continuing our fight for competition and transparency in prescription drug pricing, unhindered by defense attempts to distract from the illegal conduct of LegitScript and its co-conspirators that this lawsuit alleges and seeks to address.
In his ruling, Judge Simon wrote, “Based on the facts and law presented by the parties, the Court concludes that PharmacyChecker’s business is legal. LegitScript has identified no federal or state law that PharmacyChecker has violated. Nor has LegitScript pointed to any instance of a federal or state law enforcement agency prosecuting or even threatening to prosecute PharmacyChecker, or any instance of a federal or state regulatory body taking or even threatening to take any action against PharmacyChecker (e.g., by issuing a cease-and-desist order). Nor, for that matter, has LegitScript shown that visitors to PharmacyChecker’s website—including those visitors who click on links to non-U.S. pharmacies—engage in illegal activity simply by using PharmacyChecker’s website.”
Judge Simon pointed out that “It would contravene Supreme Court and Ninth Circuit precedent for this court to fashion a new rule that deprives a plaintiff of an antitrust cause of action and immunize an antitrust defendant when the plaintiff's business is entirely legal."
Justice has prevailed. Judge Simon has deemed PharmacyChecker’s work to help patients find affordable medication legal, and its case against LegitScript moves forward.
With the Oregon court agreeing with PharmacyChecker’s positions on key issues of fact and law, PharmacyChecker plans to appeal a New York district court’s April 2023 partial opinion which stalled the case there against alleged co-conspirators the Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies, National Association of Boards of Pharmacy, and Partnership for Safe Medicines.
