Absence Of US “Domestic Injury” Claim Dooms Antitrust Claim

The World in U.S. Courts: Winter 2018 - Antitrust/Competition/Foreign Trade Antitrust Improvements Act (FTAIA)

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Biocad JSC v. F. Hoffman-La Roche Ltd., US District Court for the Southern District of New York, September 30, 2017

Generic drug manufacturer Biocad alleged that Hoffman-La Roche (HLR) and its subsidiaries illegally deterred entry into the US of certain generic oncological drugs. The Court found that the claim was precluded by the FTAIA because no US “domestic injury” had been alleged. A discussion of this case appears in Orrick’s AntitrustWatch blog, and may be found here.

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