United States First Circuit
In Re: Loestrin 24 FE Antitrust Litigation, 14-2071
In consolidated pharmaceutical antitrust appeals involving an oral contraceptive drug Loestrin 24, alleging that settlement agreements between pharmaceutical defendants which delayed the release of generic versions of the drug violated Section 1 of the Sherman Act, 15 U.S.C. section 1, the district court's dismissal, on the basis that FTC v. Actavis, ___ U.S. ___, 133 S. Ct. 2223 (2013) only applied to monetary reverse payments and dismissed on the basis that the agreements had alleged the existence of non-cash reverse payments only, is reversed and remanded for further proceedings where the district court employed a limited reading of Actavis.
Appellate Information
- Decided
- Published 2016/02/22
Judges
- TORRUELLA
Court
- United States First Circuit