John Doe 1 v. Abbott Laboratories

RYMER, Circuit Judge:

Do allegations of monopoly leveraging through pricing conduct in two markets state a claim under § 2 of the Sherman Act, 15 U.S.C. § 2, absent an antitrust refusal to deal (or some other exclusionary practice) in the monopoly market or below-cost pricing in the second market? Following Pacific Bell Telephone Co. v. Link-line Communications, Inc., — U.S.-, 129 S.Ct. 1109, 172 L.Ed.2d 836 (2009), we hold that no such claim may be brought. As the district court held to the contrary, we reverse. 1

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John Does 1 and 2 and the Service Employees International Union Health and…