Judge OKs Synergetics Tying Claims Against Alcon

Law360, New York (June 4, 2009, 12:00 AM EDT) -- An antitrust suit brought by microsurgical device maker Synergetics USA Inc. against Alcon Inc. has survived a motion to dismiss, with a federal judge ruling that Synergetics' allegations of illegal product tying against its Swiss rival could go forward on a refusal-to-sell theory.

In a decision Thursday, Judge Denise Cote of the U.S. District Court for the Southern District of New York granted in part Alcon's motion to toss the suit, saying Synergetics had failed to adequately plead price coercion or predatory pricing.

But the judge...
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