A federal judge in California tossed a radiopharmacy’s lawsuit against GE (NYSE:GE) and Cardinal Health (NYSE:CAH), ruling that PharmaRx Pharmaceuticals failed to prove its allegations of a conspiracy to monopolize the market for cardiac imaging agents.
PharmaRx sued the 2 companies in March, alleging that their co-marketing deal for GE’s Myoview imaging agent violates antitrust statutes.
Judge Maria Pfaelzer of the U.S. District Court for Central California dismissed the case without prejudice, giving PharmaRx the chance to file another complaint. Pfaelzer ruled that PharmaRx didn’t provide the evidence of implicit collusion required to prove its case.
"PharmaRx opposes the motion to dismiss by claiming that the amended complaint specifically describes those implicit terms. In fact, the complaint is filled with legal conclusions and allegations of unilateral actions by GE," Pfaelzer wrote, according to court documents. "The complaint is lacking in specific facts: Who were the relevant actors at GE and Cardinal Health who together decided to include implicit terms in the agreement, and what were those terms?"
The Sept. 10 decision means PharmaRx can file another complaint to provide the evidence.