Surescripts Antitrust Litigation

Court: United States District Court for the Northern District of Illinois

POWELL PRESCRIPTION CENTER, ET. AL. V. SURESCRIPTS, LLC, ET. AL., NO. 19-CV-06627

WBE, along with co-counsel, filed this class action suit alleging that Surescripts uses its monopolistic market share to conduct anticompetitive practices in the e-prescription markets, such as entering into loyalty agreements with certain customers that allow the company to charge higher transaction fees than would be possible in a competitive market, as well as issuing threats against customers to ensure no other market competitors emerged. The lawsuit also names RelayHealth and Allscripts— competitors that Plaintiffs allege entered into non-compete and exclusive dealing agreements with Surescripts in exchange for a portion of Surescripts’ monopoly profits.

On Thursday, November 21, 2024, U.S. District Court Judge John J. Tharp, Jr. of the Northern District of Illinois Eastern Division addressed the admissibility of expert testimony crucial to the case and largely denied Defendants’ Daubert motions to exclude evidence, allowing Plaintiffs’ claims to proceed.

On August 28, 2025, the Court preliminarily approved settlements with defendants Surescripts and Allscripts for $39.75 million. This is in addition to a settlement with defendant RelayHealth for $10 million that was previously approved by the Court. A fairness hearing relating to the final approval of the settlements will be scheduled for late 2025.

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