Judge Dismisses Suit Against Philip Morris

A federal judge dismissed an antitrust lawsuit against Philip Morris Cos. by three cigarette makers, saying it is all right for retailers to give its brand prominence over rival products.

The suit heard in U.S. District Court in North Carolina and brought by R.J. Reynolds, Lorillard Tobacco Co. and Brown & Williamson alleged Philip Morris U.S.A.’s retail merchandising program illegally interfered with the business dealings of retailers with other tobacco companies.

Judge Frank Bullock said the “plaintiffs have failed to present evidence of any unfair and deceptive trade practices” in Philip Morris’ promotion efforts.

There was no immediate comment from the plaintiff tobacco companies.

Philip Morris shares rose 95 cents to $55.38 on the NYSE.