Case Study: FTC V. Lundbeck

Law360, New York (October 20, 2011, 4:22 PM EDT) -- The U.S. Court of Appeals for the Eighth Circuit recently handed the Federal Trade Commission a significant loss as it rejected the agency's contention that an acquisition of two drugs used to treat a similar heart condition was anti-competitive because the drugs were part of the same relevant product market, over which the acquirer had gained a putative monopoly. While the case specifically involved health care markets, the decision means that both regulatory agencies and private plaintiffs will have to have price-based proof of relevant product...
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