Biocad JSC v. F. Hoffmann-La Roche Ltd., No. 17-3486 (2d Cir. 2019)Annotate this Case
Biocad, a private pharmaceutical company based in Russia, filed suit seeking damages and other relief for anticompetitive conduct by foreign entities in a foreign country that purportedly has delayed or prevented its entry into the United States market for cancer treatment drugs.
The Second Circuit affirmed the district court's dismissal of Biocad's claims, holding that Biocad's Sherman Act claims were barred by the Foreign Trade Antitrust Improvements Act (FTAIA), because the foreign nature of Biocad's alleged injuries placed its claims beyond the reach of United States antitrust laws. Based on the language, structure, and purpose of the FTAIA, the court held that the import exclusion applies when a defendantʹs actions immediately impact the United States import market and not merely when a defendant subjectively intends to affect the United States import market in the future. Declining to consider Biocad's theory of injury under the domestic effects exception of the FTAIA, the court held that Biocad failed to plausibly allege that defendants' purportedly anticompetitive conduct in Russia fell within the exception for conduct involving import commerce under the FTAIA. Furthermore, because Biocad has not stated a plausible claim for relief under the Sherman Act, its claim under the Donnelly Act also failed.