FEDERAL TRADE COMMISSION; State of Minnesota, by and through its Attorney General, Lori Swanson, Plaintiffs-Appellants,
v.
LUNDBECK, INC., Defendant-Appellee,
Ben Venue Laboratories, Inc., Intervenor Below.
American Antitrust Institute; States of Missouri, Illinois, Arkansas, Iowa, Maryland, Nevada, New Mexico, North Dakota, South Dakota, and West Virginia, Amici Curiae on behalf of Appellants.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Before COLLOTON and BENTON, Circuit Judges, and KOPF, District Judge.
United States Court of Appeals, Eighth Circuit.
BENTON, Circuit Judge.
The Federal Trade Commission and Minnesota (collectively the FTC) sued Lundbeck, Inc., alleging its acquisition of the drug NeoProfen violated the Federal Trade Commission Act, the Sherman Act, the Clayton Act, the Minnesota Antitrust Law of 1971, and unjustly enriched Lundbeck. After a bench trial, the district court2 ruled for Lundbeck based on the FTC's failure to identify a relevant market.
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