Remember To Pay Attention To Antitrust Standing Issues
March 12, 2013, 4:57 PM EDT
Law360, New York (March 12, 2013, 4:57 PM EDT) -- Recently, the Third Circuit re-examined the test for antitrust standing in Ethypharm SA France v. Abbott Laboratories. The importance of the opinion, however, lies not just in the court’s affirmation of the multifactor test typically used to analyze antitrust standing, but in the court’s analysis of how the regulatory framework in the pharmaceutical industry plays a role in analyzing the antitrust standing of participants in that industry.
Plaintiff (and appellant) Ethypharm is a French corporation that developed and manufactured the drug Antara. Recognizing the significant...