A French pharmaceutical company that licensed the selling, marketing and regulatory approval of its product in the United States to an American distributor cannot pursue antitrust claims against Abbott Laboratories because it foreclosed upon competing in the U.S. market by not directly offering the drug or seeking regulatory approval itself, the U.S. Court of Appeals for the Third Circuit has ruled in a precedential opinion. The opinion reverses a decision by the U.S. District Court for the District of Delaware to deny Abbott’s motion to dismiss.
A three-judge panel composed of Chief Judge Theodore A. McKee and Judges Kent A. Jordan and Thomas I. Vanaskie issued the 31-page ruling in Ethypharm S.A. France v. Abbott Laboratories.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
