Mylan Pharmaceuticals Inc v. Warner Chilcott Pub. Ltd.
Mylan Pharmaceuticals Inc v. Warner Chilcott Pub. Ltd., 15-2236
In a suit brought by generic drug manufactures against name-brand drug manufacturers of ‘Doryx’ the name-brand version of delayed-release doxycycline hyclate, an oral antibiotic of the tetracycline class used to treat severe acne, alleging that defendants conspired to protect their position in the market through ‘product hopping,’ which involves making various insignificant modifications to a drug to keep generic competitors out of the market by forcing them to re-enter a cumbersome regulatory approval process, and claiming violations of section 1 and 2 of the Sherman Act, the District Court’s grant of summary judgment to defendants is affirmed where: 1) defendants’ conduct was not anticompetitive; and, even if it was 2) plaintiff’s claims failed because it did not establish that defendants had the requisite market power in the relevant product market.
- Published 2016/09/28
- United States Third Circuit