3rd Circuit: Drug Developer Was Non-Competitor In Market, Lacked Standing

PHILADELPHIA - A developer of pharmaceutical drugs did not have antitrust standing to sue pharmaceutical marketers for entering into an anticompetitive agreement, even if it was a per se violation of the antitrust laws, the Third Circuit U.S. Court of Appeals affirmed Dec. 12 in an unpublished opinion (SigmaPharm, Inc. v. Mutual Pharmaceutical Company, Inc., et al., No. 11-1734, 3rd Cir.; 2011 U.S. App. LEXIS 24567). Full story on lexis.com