Marsh settles pharmacy tussle-WEB ONLY

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Marsh Supermarkets Inc. has resolved its legal dispute over a pharmacy-supply agreement with Skokie, Ill.-based Topco Associates LLC and Chesterbrook, Pa.-based AmerisourceBergen Corp.

Topco is a private purchasing cooperative. AmerisourceBergen is one of three drug-distribution companies that dominate the U.S. pharmacy market, along with San Francisco-based McKesson Corp. and Dublin, Ohio-based Cardinal Health Inc.

Through Topco, Indianapolis-based Marsh buys discounted drugs for its pharmacies from AmerisourceBergen. In February, Marsh sued both, intending to switch its purchasing to McKesson. Marsh argued a five-year purchase agreement signed in 2005 by former CEO Don Marsh had an escape clause. Topco threatened heavy fines for breaking the deal.

Yesterday, Topco announced it had reached a settlement with Marsh. Terms were not disclosed, but the news release said Marsh will continue to participate in Topco’s pharmaceutical supply agreement.

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