Abbott Laboratories, Inc. v. Segura

I concur with the Court’s opinion and judgment. I write separately to articulate additional reasons why I believe the judgment is correct. The court of appeals held that the retail buyers of infant formula stated “causes of action for unconscionable price disparity and taking advantage of plaintiffs lack of capacity, knowledge, and experience to a grossly unfair degree.” 873 S.W.2d 399, 408. However, the intervenors’ allegations are primarily antitrust claims, which are not cognizable under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), Tex. Bus. & Com.Code §§ 17.41-17.63.