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Thursday, December 12, 2019

PharmacyChecker.com alleges nonprofits, private firms are engaging in 'scare campaign' to harm reputation

Federal Court

By Carrie Bradon | Sep 18, 2019

Pills

WHITE PLAINS, N.Y. (Legal Newsline) — A New York pharmacy evaluation company is suing a group of companies over allegations that it is suppressing competition for online pharmacy verification services and drug pricing information.

PharmacyChecker.com LLC filed a complaint on Aug. 13 in the U.S. District Court for the Southern District of New York against National Association of Boards of Pharmacy, Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies LTD, LegitScript LLC and Partnership for Safe Medicines Inc. alleging conspiracy to restrain trade. 

The plaintiff alleges it provides consumers with a way to identify international online pharmacies that operate safely and offers direct access to comparative drug price information that is not only limited to U.S.-based pharmacies. 

The plaintiff alleges the defendants have engaged in "scare campaigns... with a goal of destroying PharmacyChecker.com’s reputation." The suit states the defendants benefit from higher U.S. drug prices and do not want international competition.

"The defendants, who are a network of overlapping nonprofit organizations and private firms that are funded or backed by pharmaceutical manufacturers and large pharmacy interests, are using shadow regulation—private agreements with key internet gatekeepers—to manipulate and suppress the information available to consumers seeking information about lower cost, safe prescription medicine," the suit states. 

"PharmacyChecker.com has now effectively been excluded from the market as a result of the defendants’ shadow regulation."

The plaintiff is seeking a trial by jury, declaratory judgment against the defendants, attorneys' fees, court costs, interest and just relief. The plaintiff is represented by Alexandra Shear of Bona Law PC in New York City and Aaron Gott and Jarod Bona of Bona Law PC in La Jolla, California.

U.S. District Court for the Southern District of New York case number 7:19-CV-07577

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U.S. District Court for the Southern District of New York

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