Drug Maker Had No Duty to Deal With Wholesaler, Didn’t Offend §2

The manufacturer of branded Adderall XR® did not monopolize the market by allegedly undersupplying two generic competitors pursuant to a patent settlement agreement among the three companies, according to a June 9 decision by the U.S. Court of Appeals for the Second Circuit (In re Adderall XR Antitrust Litigation, 2014 BL 158611, 2d Cir., 13-1232, 6/9/14; Louisiana Wholesale Co. v. Shire LLC, 2014 BL 158611, 2d Cir., 13-1232, 6/9/14).

Judge Robert D. Sack concluded that, despite Louisiana Wholesale Drug Co. Inc.'s assertions, Shire LLC and Shire U.S. Inc. did not violate federal antitrust law by breaching the ...