FTC Loses Lundbeck Baby Meds Fight Before 8th Circ.

Law360, New York (August 19, 2011, 7:01 PM EDT) -- In a decision that underscores the ongoing role of market definition in merger challenges, the Eighth Circuit on Friday nixed a challenge by the Federal Trade Commission to Lundbeck Inc.'s cornering of the market on drugs used to treat heart defects in premature babies.

In a succinct 11-page ruling, the Eighth Circuit backed the lower court's finding that the agency had failed to identify a relevant market since the two drugs at issue were not true competitors because doctors held strong preferences for one or the...
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