Sanofi Escapes Antitrust Suit Over Lovenox Contracts

Law360, New York (April 7, 2014, 5:23 PM EDT) -- Nixing an antitrust suit brought by Eisai Inc., a New Jersey federal judge ruled that Sanofi-Aventis US LLC did not violate federal law by entering into discount contracts with hospitals that purchased large amounts of its anticoagulant drug Lovenox, according to an opinion unsealed on Friday.

After finding that the case should be analyzed under a "price-cost test," U.S. District Judge Mary L. Cooper ruled that Sanofi had not violated the Sherman Act because it hadn't sold Lovenox to hospital groups at below-cost prices.

The court also ruled that the contracts were not anticompetitive, as the hospitals were allowed to purchase...

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