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District Judge Richard J. Sullivan

 

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Russian drug maker, Biocad JSC, alleged F. Hoffman-La Roche Ltd. and its codefendants engaged in anti-competitive conduct that precluded entry of its lesser-priced, biosimilar products into the market for cancer drugs in the United States. District court dismissed suit, finding Biocad failed to plead an antitrust injury because the foreign locus of its claims placed them outside the reach of U.S. antitrust laws. Nor did Biocad show a significant threat of injury from an impending violation of the antitrust laws. Biocad acknowledged it does not and never has participated in the U.S. market. In addition to failing to allege it sought FDA approval of its drugs, Biocad failed to supply any facts regarding the FDA approval process for its biosimilars. The court also determined that the Clayton Act and Robinson-Patman Act did not confer subject matter jurisdiction over Biocad’s claims, that the Foreign Trade Antitrust Improvement Act excluded Biocad’s claims from the reach of the Sherman Act, and that the New York’s Donnelly Act did not extend to claims beyond the reach of the Sherman Act. Among other things, Biocad’s predatory and discriminatory pricing claim under the Robinson-Patman Act depended explicitly on products sold in Russia.