Louisiana Wholesale Drug Co. v. Shire LLC, No. 13-1232 (2d Cir. 2014)Annotate this Case
Plaintiffs, wholesale dealers in pharmaceutical products, filed a putative class action alleging that defendants violated the anti-monopolization provision of the Sherman Act, 15 U.S.C. 2, by breaching defendants' contracts to supply two of their competitors with an unbranded version of defendants' patented drug for resale under the competitors' own labels. The court rejected plaintiffs' claim that these contracts gave rise to a "duty to deal" enforceable by third-party customers such as themselves under the antitrust laws. The court concluded that plaintiffs failed to allege facts that would place this case within Aspen Skiing Co. v. Aspen Highlands Skiing Corp.'s narrow exception to the long recognized right of a trader or manufacturer engaged in an entirely private business, freely to exercise his own independent discretion as to parties with whom he will deal. Plaintiffs' complaint failed to state a claim upon which relief can be granted and it was properly dismissed by the district court under Rule 12(b)(6). Accordingly, the court affirmed the judgment of the district court.
The court issued a subsequent related opinion or order on June 19, 2014.