Allergan Says Shire Suit Upends 'Very Fabric' Of Antitrust Law

Law360, New York (December 6, 2017, 9:57 PM EST) -- Shire’s recent claims that Allergan Inc. improperly discounted various drugs in an attempt to keep Medicare Part D beneficiaries from using Shire’s competing treatment for dry eyes “runs counter to the very fabric” of antitrust law, Allergan told a New Jersey federal court on Tuesday.

Allergan said that antitrust laws impose strict requirements on claims brought by one company challenging a competitor’s decision to offer bundled discounts and that Shire U.S. Inc.’s October lawsuit doesn’t meet those requirements, so it should be dismissed. Specifically, Shire has...
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