Legal Opinion

Ortho Diagnostic Systems, Inc. v. Abbott Laboratories, Inc.

District Court, S.D. New York

Decided March 22, 1996No. 93 Civ. 2656(LAK)PublishedCited by 25 opinions

1Opinion of the Court

AMENDED OPINION

KAPLAN, District Judge.

This case reflects the competitive struggle between two powers in the sale of test products used in screening the blood supply for the presence of viruses. Defendant Abbott Laboratories, Inc. (“Abbott”), in the period at issue, was stronger than plaintiff Ortho Diagnostic Systems, Inc. (“Ortho”), a subsid iary of Johnson & Johnson in the sense that Abbott alone manufactured all five of the commonly used tests and its market shares generally were higher. The controversy involves Ortho’s claim that Abbott violated the antitrust laws by entering into a…

2Cases cited51 opinions

  1. United States v. Grinnell Corp.Supreme Court of the United States · 1966
  2. Eastman Kodak Co. v. Image Technical Services, Inc.Supreme Court of the United States · 1992
  3. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  4. American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
  5. United States v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1945

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3Cited by25 opinions

  1. Concord Boat Corp. v. Brunswick Corp.Court of Appeals for the Eighth Circuit · 2000
  2. Lepage's Incorporated v. 3m (Minnesota Mining And Manufacturing Company)Court of Appeals for the Third Circuit · 2003
  3. Virgin Atlantic Airways Limited v. British Airways PlcCourt of Appeals for the Second Circuit · 2001
  4. Cascade Health Solutions v. PeaceHealthCourt of Appeals for the Ninth Circuit · 2008
  5. Anti-Monopoly, Inc. v. Hasbro, Inc.District Court, S.D. New York · 1997

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