Mylan Pharmaceuticals, Inc. v. Celgene Corporation


Citation Number: 2:14-CV-2094-ES-MAH
Matter Number:


Federal Court: District of New Jersey

Brief of the Federal Trade Commission before the U.S. District Court for the District of New Jersey addressing the proper application of antitrust principles to a pharmaceutical company’s refusal to sell samples to potential generic competitors. The brief opposes the defendant’s motion to dismiss the case. The brief takes the position that (a) a brand pharmaceutical company’s refusal to sell samples to a generic company can constitute exclusionary conduct under established Supreme Court precedent; (b) a brand company’s distribution agreements are not immune from antitrust scrutiny, and (c) a brand company’s patents alone do not establish a lack of antitrust injury.