We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

FTC Asks 1st Circ. To Reverse Momenta Antitrust Win

Law360, Fort Wayne (November 8, 2016, 2:29 PM EST) -- The Federal Trade Commission on Monday told the First Circuit that a lower court had incorrectly granted immunity to Momenta Pharmaceuticals Inc. from an antitrust suit by Amphastar Pharmaceuticals Inc. and asked the appeals court to reverse that decision.

In his July ruling dismissing the action, U.S. District Judge Nathaniel M. Gorton erroneously applied the Noerr-Pennington doctrine, which states that petitioning the government for redress is generally exempt from antitrust liability, the FTC said. Judge Gorton did not identify any such actions by Momenta before the...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.