The U.S. FTC and the State of Minnesota appeal a district court’s decision on a relevant market issue in a pharmaceutical merger case (Lundbeck)

Some Reflections on the Lundbeck Appeal: Will Pharmaceuticals Get a Blanket Antitrust Immunity? And Is Quality Competition No Longer Protected by Antitrust?* A decision to watch for this year is the Eighth Circuit’s pending consideration of FTC v. Lundbeck, Inc., 2010-2 Trade Cases ¶77,160; 2010 WL 3810015 (D. Minn. Aug. 31, 2010). (While I helped draft an amicus brief in that case, on behalf of the American Antitrust Institute, the views here are strictly my own.) If antitrust has a salient theme for me these days, it is the apparent sense of so many courts that antitrust cases simply must be dismissed, on any possible ground at hand, and that only after exhausting even the craziest possibilities should a plaintiff get past summary

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  • Cleveland-Marshall School of Law

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Christopher Sagers, The U.S. FTC and the State of Minnesota appeal a district court’s decision on a relevant market issue in a pharmaceutical merger case (Lundbeck), 27 December 2010, e-Competitions Bulletin December 2010, Art. N° 36117

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