Arguments On Appeal: FTC V. Lundbeck

Law360, New York (April 14, 2011, 3:15 PM EDT) -- The parties and amicus curiae in FTC v. Lundbeck Inc. have now filed their opening briefs in the appeal pending before the Eighth Circuit. However the Court of Appeals ultimately rules, the decision promises to have broad-reaching impact on how product markets are defined in antitrust matters, especially when the alleged anti-competitive conduct involves pharmaceuticals. The Eighth Circuit’s ruling may also serve to shape the circumstances in which the FTC can seek divestiture and disgorgement as remedies.

Lundbeck involves a challenge under the Clayton Act and...
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