Merck is entitled to arbitration of claims that its vaccine-bundling scheme was anticompetitive because of contracts between the drug company and physician buying groups, the Third Circuit said in a decision that was unsealed Thursday.
Contracts between Merck and physician purchasing groups entitle PBG members to discounts if they purchase a sufficient percentage of their vaccines from Merck.
Sugartown Pediatrics, Schwartz Pediatrics and Margiotti & Kroll Pediatrics have filed federal lawsuits alleging that Merck’s bundling program was anticompetitive. They were members of PBGs that had a contract with Merck, but never signed any arbitration contracts themselves.
Merck pleaded for arbitration based on…
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