Biovail, GSK Want Wellbutrin Antitrust Suit Tossed

Law360, New York (May 1, 2009, 12:00 AM EDT) -- Biovail Corp. and SmithKline Beecham Corp. have moved to dismiss a consolidated class action complaint against them by indirect purchasers of Wellbutrin XL alleging the drug companies illegally monopolized the market for the antidepressant by blocking generic competitors.

The motions, filed Thursday in the U.S. District Court for the Eastern District of Pennsylvania, seek to dismiss the complaint in its entirety.

Biovail argued in its motion that the claims of monopolization under state law, unfair and deceptive practices under state law and unjust enrichment could not...
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