8th Circ. Won't Rehear Heart Defect Drug Competition Suit

Law360, New York (November 23, 2011, 7:09 PM EST) -- The Eighth Circuit refused Tuesday to revisit a case in which the Federal Trade Commission claimed that drugmaker Lundbeck Inc. had unlawfully cornered the market on drugs used to treat heart defects in premature babies.

The appellate court denied petitions to rehear the suit, either by panel or en banc, filed by the FTC and the state of Minnesota in October. It also rejected an amicus brief seeking rehearing submitted in October by the antitrust advocacy group American Antitrust Institute.

“Lundbeck was very pleased with the...
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