The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a...more
9/19/2019
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Arbitration ,
Arbitration Agreements ,
Biologics ,
Class Action ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Direct Purchasers ,
Drug Pricing ,
Life Sciences ,
Manufacturers ,
Monopolization ,
Motion to Compel ,
Pharmaceutical Industry ,
Prescription Drugs ,
Sales & Distribution Agreements ,
Sherman Act
The opinion could provide useful guidance for participants in two-sided markets, like the credit card industry and the health care industry, where separate interests of insurers and patients are often implicated by the same...more
To prevail in a product-hopping case, a plaintiff must be prepared to establish both monopoly power and anticompetitive effects.
On September 28, a unanimous panel of the U.S. Court of Appeals for the Third Circuit...more
10/6/2016
/ Anti-Competitive ,
Appeals ,
Generic Drugs ,
Hatch-Waxman ,
Mylan Pharmaceuticals ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Hopping ,
Sherman Act ,
Summary Judgment ,
Warner Chilcott