Procaps S.A. v. Patheon, Inc.

MARCUS, Circuit Judge:

In this Sherman Act, 15 U.S.C. § 1, antitrust case, Procaps S.A. (“Procaps”) sued its former joint venture partner, Pa-theon, Inc. (“Patheon”). Both Procaps and Patheon are involved in the market for softgel services, i.e., the business of designing and manufacturing gel capsule delivery mechanisms for medications. In January 2012, Procaps and Patheon entered into an agreement (the “Collaboration Agreement”) to combine forces and create a more effective competitor in the United States softgel market. This Collaboration Agreement allocated some aspects of the business to…