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



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.”