3rd Circ. Shuts Down Ethypharm Antitrust Suit Against Abbott

Law360, New York (January 23, 2013, 5:27 PM EST) -- Ethypharm SA France can't bring an antitrust suit accusing Abbott Laboratories of conspiring to keep Ethypharm's anti-cholesterol drug off the market, the Third Circuit ruled Wednesday, saying the suit was barred because Ethypharm had chosen to license its drug for U.S. distribution instead of entering the American market itself.

A three-judge panel said Ethypharm lacked standing to bring the antitrust claims, which were previously dismissed by a Delaware federal judge. The French company had alleged that agreements Abbott entered with Reliant Pharmaceuticals Inc., the U.S. distributor...
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