United States Third Circuit
Ethypharm SA France v. Abbott Laboratories, 11-3602
In antitrust action, involving state and federal claims related to the drug Antara, summary judgment for defendant on plaintiff's federal claims is vacated and the case is remanded for dismissal of the federal claims for lack of standing, where plaintiff did not suffer antitrust injury because it does not and cannot compete in the U.S. fenofibrate market, unless and until it acquires the required FDA approval to do so.
- Decided 01/23/2013
- Published 01/23/2013
- United States Third Circuit