United States First Circuit
Amphastar Pharms., Inc. v. Momenta Pharms., Inc., 16-2113
In a dispute among competitors in the United States market for generic enoxaparin, an anticoagulant, alleging antitrust violations of the Sherman Act 15 U.S.C. sections 1 and 2 by defendants, predicated upon the defendants' alleged misrepresentations to the United States Pharmacopeial Convention (USP), a private standard-setting organization (SSO) charged with ensuring the quality of drugs, the district court's dismissal of the complaint under the so-called Noerr-Pennington doctrine, which immunizes good-faith petitioning of government entities from antitrust liability, where the district court erroneously applied Noerr-Pennington.
Appellate Information
- Published 2017/03/06
Judges
- HOWARD
Court
- United States First Circuit