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Rite Aid Corp. v. American Home Products Corp.

Issue exists as to drug manufacturers' reason for offering discounts only to hospitals and HMOs.

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Judge Glasser

RITE AID CORP. v. AMERICAN HOME PRODUCTS CORP. Plaintiffs are a group of nineteen drug store chains and independent pharmacies claiming damages resulting from alleged price discrimination where manufacturers of brand name pharmaceuticals charged retail pharmacies one price while offering discounts to hospitals and HMOs. Defendants Abbot Laboratories, Merck & Co., G.D. Searle & Co., and Zeneca, Inc. (the Manufacturer Defendants) moved for summary judgment in 1995 before Judge Charles P. Kocoras in the Northern District of Illinois (before whom these cases and numerous others had been consolidated for pre-trial management), but their motions were denied in early 1996. In 2000, a motion to renew those motions was denied. Manufacturer Defendants now move again to renew their summary judgment motions.

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