Louisiana Wholesale Drug Co. v. Shire LLC

SACK, Circuit Judge:

The plaintiffs are wholesale dealers in pharmaceutical products including Adde-rall XR, a widely prescribed drug manufactured by the defendants. They brought this putative class action alleging that the defendants violated the anti-monopolization provision of the Sherman Act by breaching defendants’ contracts to supply two of their competitors—who in turn supply the plaintiffs—with an unbranded version of the defendants’ patented drug for resale under the competitors’ own labels. Although the contracts were executed in connection with settlements of patent litigation, the…