The Ninth Circuit on Tuesday held that GlaxoSmithKline LLC's sale of discounted vaccines through a federal program is exempt from antitrust liability, in a decision affirming a lower court's toss of a private clinic's suit accusing the drug company of abusing a federal drug-discount program.

In a brief decision, a three-judge panel held that GSK and Southern Nevada Health District are exempt from antitrust claims alleging they sold vaccines to businesses instead of low-income patients based on an exemption that shields nonprofits from liability when they purchase supplies for their "own use."

GSK is represented by Stephen J. Kastenberg, Jason A. Leckerman, Jessica M. Anthony, Burt M. Rublin, Barbara A. Schwartz, and Matthew D. Lamb of Ballard Spahr LLP.