No Valid Sherman Act Claim When Citizen Petition Denied Contemporaneously with ANDA Approval

Overview


Lisa Peterson wrote this bylined article on the Second Circuit’s Apotex Inc. v. Acorda Therapeutics decision, which invalidated a Sherman Act claim related to a new drug application. Because of the decision, Ms. Peterson wrote, “pharmaceutical manufacturers considering bringing antitrust claims alleging attempted monopolization for delaying generic drug competition through the filing of a sham citizen petition should be mindful to plead facts sufficient to survive the court’s recent reasoning.”