Bloomberg Law
April 4, 2019, 6:05 PM

CVS Must Face Antitrust Suit Over Compliance Software

Mike Leonard
Mike Leonard
Legal Intelligence Reporter

CVS Pharmacy Inc. can’t dodge an antitrust lawsuit accusing it of requiring hospitals it deals with to use a subsidiary’s software for tracking drug inventory and managing regulatory compliance.

Sentry Data Systems Inc., which makes competing software, can proceed with its claims that CVS violated Section 1 of the Sherman Act by tying its contract pharmacy services to software developed by Wellpartner Inc., a Florida federal judge ruled April 3.

The software products sold by Sentry and Wellpartner, which CVS acquired in 2017, help hospitals comply with the federal 340B program. The program created a “self-auditing” regime requiring close monitoring ...

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