Bare ​Allegation that Defendant Executive “Controls” Trade Association Does Not Support Sherman § 1 Group Boycott Claim

The court granted defendant’s motion to dismiss plaintiff’s Sherman § 1 group boycott claim because plaintiff failed to sufficiently plead an agreement to restrain trade. “⁠[Plaintiff] names two [pharmacy benefit manager] executives, including one from [defendant], that serve on the . . . board of directors [of a trade association]. This presence is characterized by [plaintiff] as ‘controlling’ the association. [T]his allegation falls short of the sufficiency required by Twombly. The allegation lacks temporal context and is not, in and of itself, indicative of any anticompetitive influence.”

Park Irmat Drug Corp. v. Express Scripts Holding Company et al, 4-17-cv-00979 (MOED 2018-02-21, Order) (Ronnie L. White)

2018-02-26T12:53:02+00:00February 26th, 2018|Press|