On July 29, 2022, the Tenth Circuit  affirmed the grant of summary judgment to defendants by the District of Kansas  in an important, albeit at times misguided, monopolization opinion. The antitrust claim by Sanofi-Aventis U.S., LLC against Mylan, Inc. and Mylan Specialty, LP, arose from competition (or, perhaps more precisely, a lack thereof) among these pharmaceutical companies in the market for epinephrine autoinjectors (“EAIs”), which are self-administered medical devices used to treat life-threatening allergic reactions.  The Tenth Circuit’s opinion may have made at least two fundamental errors, including failing to include any analysis of whether prices in the actual world were lower than in a but-for world (that is, a world without the challenged restraint), as well as
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