AGs Ask 8th Circ. To Revive Drug Monopoly Suit

Law360, New York (January 25, 2011, 3:27 PM EST) -- A host of attorneys general have urged the Eighth Circuit to revive the Federal Trade Commission's lawsuit accusing Lundbeck Inc. of setting monopoly prices on drugs used to treat heart defects in premature babies.

Attorneys general from 10 states filed a brief Monday in the U.S. Court of Appeals for the Eighth Circuit, arguing that in dismissing the case, a district court had allowed speculative testimony to trump practical evidence indicating that Lundbeck's drugs — Indocin IV and NeoProfen — were in the same market....
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