Federal Trade Commission v. Lundbeck, Inc., No. 10-3458 (8th Cir. 2011)Annotate this Case
The FTC sued Lundbeck, Inc., alleging that its acquisition of the drug NeoProfen violated the Federal Trade Commission Act, 15 U.S.C. 41 et seq., the Sherman Act, 15 U.S.C. 1-7, the Clayton Act, 15 U.S.C. 12-27, the Minnesota Antitrust Law of 1971, and unjustly enriched Lundbeck. At issue was whether the district court properly determined that the FTC failed to identify a relevant market where the FTC did not meet its burden of proving that the drugs Indocin IV and Neoprofen were in the same product market. The court held that the district court's finding was not clearly erroneous and affirmed the judgment.
Court Description: Civil Case - Federal Trade Commission Act; antitrust. The FTC and State of Minnesota brought antitrust and FTCA claims against Lundbeck, Inc., who purchased two drugs prescribed for patent ductus arteriosus and raised the prices for both drugs. The district court's determination that the FTC did not meet its burden to prove the two drugs were in the same product market and thus failed to identify the relevant market is affirmed, as the district court's fact-finding was not clearly erroneous. Judge Kopt concurs.