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TWIN CITY BAKERY WORKERS v. ASTRA AKTIEBOLAG

Nos. 01 CIV. 9730(JSR), 01 CIV. 9105(JSR).

207 F.Supp.2d 221 (2002)

TWIN CITY BAKERY WORKERS AND WELFARE FUND, individually and on behalf of all others similarly situated, Plaintiffs, v. ASTRA AKTIEBOLAG, Aktiebolaget Hässle, Astrazeneca L.P., KBI-E, Inc., KBI, Inc., and Merck & Co., Inc., Defendants. Rose Baldwin United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, Plaintiffs, v. Astra Aktiebolag, Aktiebolaget Hässle, Astrazeneca L.P., KBI-E, Inc., KBI, Inc., and Merck & Co., Inc., Defendants.

United States District Court, S.D. New York.

June 21, 2002.

Attorney(s) appearing for the Case

Lee Squitieri (lead counsel—argued motion), Squitieri & Fearon, L.L.P., New York City, Kenneth Wexler, Wexler and Associates, Chicago, IL, Daniel E. Gustafson, Brian L. Williams, Heins Mills & Olson, P.L.C., Minneapolis, MN, Marc Edelson, Hoffman & Edelson, Doylestown, PA, for plaintiffs.

Joel Cohen (lead counsel—argued motion), Diem-Suong Nguyen, Davis Polk & Wardell, New York City, for defendants Astra Aktiebolag, Aktiebolaget Hassle, Astra Zeneca LP.

John DeQ. Briggs, Kenneth Donnelly, Howrey Simon Arnold & White, LLP, Washington, DC, for Defendants KBI-E, Inc., KBI, Inc., Merck & Co.

MEMORANDUM ORDER

RAKOFF, District Judge.

In these consolidated actions, see Order, March 29, 2002, plaintiffs allege that defendants monopolized and attempted to monopolize the market for the gastric acid inhibiting drug Prilosec 7 ("Prilosec") in violation of Section 2 of the Sherman Antitrust Act, and in so doing also violated the laws of 19 states and the District of Columbia. Plaintiffs claims are largely premised on the allegation that...

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