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 U.S. Food and Drug Administration, the agency said in an amicus brief filed with the...

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