Premerger Plans Aren't Anti-Competitive: Calif. Court

Law360, New York (March 5, 2012, 10:19 PM EST) -- A California appeals court ruled Monday that the state’s antitrust statute does not apply to premerger activities, in a suit over a broken licensing pact with CoTherix Inc. that has already yielded a $415 million verdict in favor of plaintiff Asahi Kasei Pharma Corp.

California's First Appellate District affirmed a lower court’s dismissal of the antitrust claim filed by Asahi, which had a licensing agreement with CoTherix to market the pulmonary arterial hypertension drug Fasudil in the U.S. before Actelion Ltd. bought the drugmaker in 2007....
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