Eisai, Inc. v. Sanofi Aventis U.S., LLC

OPINION

ROTH, Circuit Judge:

The antitrust laws are concerned with “the protection of competition, not competitors.” 1 Eisai complains that the conduct of Sanofi Aventis U.S., LLC, and Sanofi U.S. Services, Inc., (Sanofi) jointly and severally harmed competition in the market for anticoagulant drugs by preventing hospitals from replacing Lovenox, one of Sanofi’s drugs, with competing drugs. The facts, however, do not bear out Eisai’s characterization of .market events. For the-reasons stated below,-we conclude that what Eisai calls “payoffs” were, in reality, discounts offered by Sano-fi to its…