IN RE ADDERALL XR ANTITRUST LITIGATION

No. 13-1232.

754 F.3d 128 (2014)

In re ADDERALL XR ANTITRUST LITIGATION. Louisiana Wholesale Drug Company, Inc., on behalf of itself and all others similarly situated, Value Drug Company, on behalf of itself and all others similarly situated, Plaintiffs-Appellants, v. Shire LLC, Shire U.S., Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 9, 2014.

Corrected: June 19, 2014.


Attorney(s) appearing for the Case

Joseph Opper ( Bruce E. Gerstein , Elena K. Chan , Kimberly Hennings , on the brief), Garwin Gerstein & Fisher LLP, New York, NY, for Plaintiffs-Appellants.

Michael F. Brockmeyer , Frommer Lawrence & Haug LLP, Washington, DC ( Edgar H. Haug , John F. Collins , Frommer Lawrence & Haug LLP, New York, NY, on the brief), for Defendants-Appellees.

Before: JACOBS, SACK, and LOHIER, Circuit Judges.


SACK, Circuit Judge:

The plaintiffs are wholesale dealers in pharmaceutical products including Adderall XR, a widely prescribed drug manufactured by the defendants. They brought this putative class action alleging that the defendants violated the anti-monopolization provision of the Sherman Act by breaching defendants' contracts to supply two of their competitors — who in turn supply the plaintiffs — with an unbranded version of the defendants' patented...

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