pharmacychecker.com LLC v. Legitscript LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PHARMACYCHECKER.COM No. 24-2697

LLC,

D.C. No. 3:22-cv-00252-SI Plaintiff - Appellee,

v.

OPINION

LEGITSCRIPT LLC,

Defendant - Appellant.

Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding

Argued and Submitted February 3, 2025 Portland, Oregon

Filed May 23, 2025

Before: Carlos T. Bea, Lucy H. Koh, and Jennifer Sung, Circuit Judges.

Opinion by Judge Bea SUMMARY *

Antitrust Standing

The panel affirmed the district court’s order denying defendant LegitScript LLC’s motion for summary judgment based on lack of standing in an antitrust action brought by PharmacyChecker.com LLC. PharmacyChecker alleged that its competitor LegitScript engaged in a group boycott in violation of antitrust laws. LegitScript moved for summary judgment, contending that PharmacyChecker lacked antitrust standing because its business facilitated the illegal importation of foreign drugs and, accordingly, it could not suffer any legally cognizable injury under Section 4 of the Clayton Act. The panel held that LegitScript’s…