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Case Briefing

By ALM Staff | Law Journal Newsletters |
September 01, 2003

Plaintiff Possibly Injured By Alleged Antitrust Activity

The U.S. District Court for the Eastern District of Michigan at Detroit properly denied defendants' motion to dismiss this antitrust suit, as under the U.S. Court of Appeals for the Sixth Circuit's 'necessary predicate' test, dismissal is warranted only where it is apparent from the allegations in the complaints that the plaintiffs' injury would have occurred even if there had been no antitrust violation. Cardizem CD Antitrust Litigation. Louisiana Wholesale Drug Co. v. Hoechst Mation Roussell Inc., No. 00-2483, 2003 U.S. App. LEXIS 11681; 2003 Fed. App. 0195P (6th Cir., 6/13/03).

This case arose out of an agreement entered into by the defendants, Hoescht Marion Roussel Inc. (HMR), the manufacturer of the prescription drug Cardizem CD, and Andrx Pharmaceuticals, then a potential manufacturer of a generic version of that drug. The agreement provided, in essence, that Andrx, in exchange for quarterly payments of $10 million, would refrain from marketing its generic version of Cardizem CD even after it had received FDA approval.

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