Viatris announced that the US District Court for the District of Kansas granted Mylan’s motion to dismiss in a lawsuit brought against it and Pfizer by KPH Healthcare. (KPH) on behalf of an asserted class of direct purchasers of EpiPen(R) products.
Viatris noted that the court agreed with the company’s argument that KPH lacked the legal standing to assert the claims in its lawsuit and dismissed the case in its entirety with an option for KPH to file a limited amended complaint within 30 days.
The court agreed with Mylan’s argument that KPH lacks legal ground to make its claims. The Supreme Court generally holds that only direct purchasers, not indirect purchasers such as KPH, have standing to sue and recover damages under antitrust law, Judge Crabtree wrote. KPH didn’t buy EpiPen straight from Pfizer and Mylan but instead went through McKesson, the defendants pointed out.
Viatris said it will continue to defend itself vigorously should there be any further proceedings in the case.
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
French Regulator Meat-Cutting Sector Case Following Antitrust Review
May 15, 2024 by
CPI
Arizona Attorney General Files Suit Against Amazon Over Unfair Business Practices
May 15, 2024 by
CPI
Varsity Spirit and Private Equity Owners Settle Class Action Antitrust Suit
May 15, 2024 by
CPI
US Senators Present AI Strategy, Call for Funding Surge
May 15, 2024 by
CPI
Hausfeld Strengthens Competition Bench with Key Hires in London and Germany
May 15, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Ecosystems
May 9, 2024 by
CPI
Mapping Antitrust onto Digital Ecosystems
May 9, 2024 by
CPI
Ecosystems and Competition Law: A Law and Political Economy Approach
May 9, 2024 by
CPI
Ecosystem Theories of Harm: What is Beyond the Buzzword?
May 9, 2024 by
CPI
Open Ecosystems: Benefits, Challenges, and Implications for Antitrust
May 9, 2024 by
CPI