Regeneron Win Underscores Importance of Simple Market Definition

Regeneron Pharmaceuticals Inc.'s victory against Amgen Inc. over anticompetitive drug bundling reinforces the necessity for antitrust plaintiffs to define the boundaries of a relevant market in a clean, narrow fashion that juries and judges can easily grasp.

A federal jury on May 15 awarded Regeneron $407 million in damages, finding the Tarrytown, N.Y.-based biotech proved a market consisting of just two cholesterol-reducing drugs—Regeneron’s Praluent and Amgen’s Repatha. The jury rejected Amgen’s argument that the market was far broader.

The win highlights the importance of defining a market as narrowly as possible to prove monopolistic behavior, said Christine Bartholomew, a law ...