Merck Wins Appeal Over Bid to Arbitrate Vaccine Antitrust Case

Merck & Co.'s top overseas affiliate can compel arbitration of antitrust claims over its vaccine against rotaviruses, one of the most common causes of childhood illness worldwide, a federal appeals court in Philadelphia ruled Monday.

The U.S. Court of Appeals for the Third Circuit reversed a 2020 ruling by Judge J. Curtis Joyner, who has twice ordered the drug company to face litigation in the U.S. District Court for the Eastern District of Pennsylvania. The appeals court overturned Joyner’s previous decision in 2019.

The opinion was filed under seal, likely because the case concerns the details of Merck’s commercial agreements ...