How Eisai V. Sanofi Will Affect Loyalty Discount Cases
Law360, New York (June 3, 2016, 11:15 AM EDT) -- On May 4, 2016, the Third Circuit affirmed a summary judgment finding that Sanofi-Aventis U.S. LLC's loyalty discounts for its anticoagulant drug Lovenox were not anti-competitive. In doing so, the court distinguished several of its earlier opinions and provided some guidance on when these common marketing programs violate the antitrust laws. The plaintiff, Eisai Inc., has requested a rehearing; as long as the opinion stands, however, it has implications for future judicial reviews of loyalty discounts.
Because the U.S. Supreme Court has not reviewed a loyalty discount case in decades, the courts of appeal have struggled to apply modern antitrust thinking...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!