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IN RE REMICADE (DIRECT PURCHASER) ANTITRUST LITIGATION

No. 18-3567.

938 F.3d 515 (2019)

In re: REMICADE (DIRECT PURCHASER) ANTITRUST LITIGATION. Johnson & Johnson; Janssen Biotech, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: September 13, 2019.

Attorney(s) appearing for the Case

Ashley E. Bass , Covington & Burling, 850 10th Street, N.W., One City Center, Washington, DC 20001, William F. Cavanaugh, Jr. [Argued], Adeel A. Mangi , Sara A. Arrow , Patterson Belknap Webb & Tyler, 1133 Avenue of the Americas, New York, NY 10036, Leslie E. John , Burt M. Rublin , Ballard Spahr, 1735 Market Street, 51st Floor, Philadelphia, PA 19103, Counsel for Appellants.

David F. Sorensen [Argued], Andrew C. Curley , Zachary D. Caplan , Berger Montague, 1818 Market Street, Suite 3600, Philadelphia, PA 19103, Daniel J. Walker , Berger Montague, 2001 Pennsylvania Avenue NW, Suite 300 Washington, DC 20006, Archana Tamoshunas, Esq. , Taus Cebulash & Landau, 80 Maiden Lane, Suite 1204, New York, NY 10038, Counsel for Appellee.

Before: SHWARTZ, KRAUSE, and FUENTES, Circuit Judges.

OPINION OF THE COURT

Johnson & Johnson and its subsidiary Janssen Biotech, Inc. appeal the District Court's denial of their motion to compel arbitration of federal antitrust claims asserted by Rochester Drug Cooperative (RDC) on the ground that those claims fall within the scope of an agreement to arbitrate all...

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