9th Circ. Says No Claim Stated In Norvir Pricing Case

By Erin Marie Daly

Law360, New York (July 07, 2009, 12:00 AM ET) -- The plaintiffs in one of several antitrust suits accusing Abbott Laboratories of jacking up the price of its HIV medication Norvir have failed to state a claim in light of recent case law, the U.S. Court of Appeals for the Ninth Circuit has ruled.

The appeals court said Tuesday that mere possession of monopoly power and the practice of charging monopoly prices do not run afoul of Section 2 of the Sherman Act.

“Allegations of monopoly leveraging through pricing conduct in two markets do not amount...
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