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# Limit Standing for Antitrust Claims: WLF
- URL: https://www.fdaweb.com/limit-standing-for-antitrust-claims-wlf/
- Published: 2019-07-30T12:00:00.000Z
- Updated: 2026-09-15T01:41:03.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5144648

In a case involving a patent dispute between two drug companies, Washington Legal Foundation (WLF) has asked the 1st Circuit Court of Appeals to limit those who have standing to sue for damages for alleged antitrust violations. The WLF *amicus* [brief](https://www.wlf.org/wp-content/uploads/2019/07/07242019AholdvWarnerChilcot%5FPR.pdf?ref=fdaweb.com) says antitrust standing should be limited to those who had direct financial dealings with an alleged antitrust violator. WLF filed its brief on behalf of itself, Pharmaceutical Research and Manufacturers of America, and the National Association of Manufacturers.

Although the two companies involved in the patent clash eventually settled the dispute, a group of customers alleged that the settlement was an improper restraint of trade that led to inflated prices and filed a class action antitrust suit against the companies.

A federal district court certified a class that includes customers who never purchased products from the companies, reasoning that the companies’ alleged misconduct might have induced other sellers, acting independently, to raise their prices as well.

WLF says that antitrust law traditionally has limited standing to those who purchase directly from an alleged antitrust violator. Its brief says that permitting others to sue would unduly complicate antitrust litigation when there is no direct causal link between the alleged violation and a claimed injury. Expanding antitrust standing could create a threat of excessive antitrust liability that could deter pro-competitive activity, WLF says.