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A Group of Retail Pharmacies Sued J&J and Other Pharmaceutical

Question 436

Multiple Choice

A group of retail pharmacies sued J&J and other pharmaceutical makers for giving discounts on prescription drugs to "favored purchasers" in violation of the Robinson-Patman Act. The higher prices they paid made it more difficult to compete with favored purchasers. The appeals court held that the retail pharmacies:


A) ​had to be granted the same prices as the favored purchasers.
B) ​had to be granted the same prices as the favored purchasers if no lower cost equivalent drug was available to them.
C) ​had to be granted the same prices as favored purchasers and could collect damages treble the losses they had suffered to date due to paying higher prices.
D) ​had no case because the statute exempts medical goods and services.
E) ​none of the other choices are correct.

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