Rochester Drug Cooperative, Inc. v. Biogen IDEC U.S. Corp.

DECISION AND ORDER

ELIZABETH A; WOLFORD, District Judge.

INTRODUCTION

Plaintiff Rochester Drug Co-operative, Inc. (“Plaintiff’) has sued Defendant Biog-en Idee U.S. Corporation (“Defendant”)1 in connection with Defendant’s termination of a distribution contract with Plaintiff. Plaintiff alleges that Defendant’s termination decision was the product of unlawful arrangements reached between Defendant and three prominent national wholesalers to restrain trade in the sale of Avonex, a pharmaceutical drug manufactured by Defendant.

Plaintiffs Complaint against Defendant asserts five causes of action…