Biocad filed a lawsuit against three rivals for alleged anticompetitive behavior in a foreign pharmaceutical market. The New York federal court dismissed Biocad's initial complaint and rejected its motion to file another amended complaint.
Antitrust Attorney David Kully said the decision was unsurprising, especially because the plaintiff knew about the deficiencies in its arguments but did nothing to correct those deficiencies in the amended complaint. "Because the plaintiff itself suffered no harm from the allegedly higher prices – and, in fact, high prices improve the environment for potential entrants – the court found it was not allowed to pursue its claims," Mr. Kully said.
READ: Federal Judge Throws Out Russian Drugmaker’s Antitrust Claims (subscription required)
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