District Court, D. Massachusetts March 17, 2009, Civil Action 05-11148-PBS, 07-10988-PBS (New England Carpenters Health Benefits Fund v. First Databank, Inc.)

MEMORANDUM AND ORDER

SARIS, District Judge.

I. Introduction

In these twin national class actions, plaintiffs assert that defendants First DataBank, Inc. (“FDB”), a drug pricing publisher, and McKesson Corporation, a drug wholesaler, engaged in a racketeering enterprise to fraudulently increase the published “average wholesale price” (“AWP”) of over four hundred branded drugs by five percent from