Indirect Purchaser Plavix Class Actions Tossed for Lack of Antitrust Standing

more+
less-

On January 31, 2011, the District Court for Southern District of Ohio granted defendants' Rule 12(b)(6) motion, dismissing indirect purchaser class actions that challenged proposed reverse payment agreements as anticompetitive under Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1-2. Plaintiffs alleged those agreements prevented the defendants from entering into an alternative competitive agreement that would have permitted the cheaper generic version of Plavix to enter the market sooner. In re Plavix Indirect Purchaser Antitrust Litig. ("Plavix"), Slip Op., No. 1:06-cv-226, 2011 WL 335034 (S.D. Ohio Jan. 31, 2011).

Background – Kroger Co. v. Sanofi-Avantis, 701 F.Supp.2d 938 (S.D. Ohio 2010)

In an earlier opinion, which was incorporated by reference into the January 31 decision, the court dismissed the direct purchaser actions based on the same allegations. Accordingly, a brief description of the background of the case and the court's prior decision is helpful in understanding the context of the court's ruling dismissing the indirect purchaser claims.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sheppard Mullin Richter & Hampton LLP | Attorney Advertising

Written by:

more+
less-

Sheppard Mullin Richter & Hampton LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×