3rd Circuit: Drug Company That Licensed Distribution Lacks Antitrust Standing

3rd Circuit: Drug Company That Licensed Distribution Lacks Antitrust Standing

PHILADELPHIA - A French pharmaceutical company that sold its product in the United States through an exclusive U.S. distributor did not suffer antitrust injury because it could not compete in the U.S. market without U.S. Food and Drug Administration approval to do so, the Third Circuit U.S. Court of Appeals held Jan. 23 in ruling that the French company did not have antitrust standing (Ethypharm S.A. France v. Abbott Laboratories, No.11-3602, 3rd Cir.; 2013 U.S. App. LEXIS 1567).

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