AAI Asks 8th Circ. To Revive FTC Drug Monopoly Suit

Law360, New York (January 7, 2011, 3:23 PM EST) -- The American Antitrust Institute has urged the Eighth Circuit to revive the Federal Trade Commission's challenge to the dismissal of its suit accusing Lundbeck Inc. of setting monopoly prices on drugs used to treat heart defects in premature babies.

Docketed in the U.S. Court of Appeals for the Eight Circuit on Thursday, the AAI's brief says that the lower court ignored nonprice competition and misapplied fundamental principles of market definition.

The district court's dismissal rests on the view that the cross-price elasticity, or the percentage change...
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