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US: Celgene exclusive dealing suit to proceed

 |  January 14, 2015

Mylen Pharmaceuticals received permission from a federal district court in New Jersey to continue its antitrust lawsuit against Celgene Corporation.

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    The court found that there are sufficient facts for Mylen to plead an antitrust claim under Section 2 of the Sherman Act. Section 2 deals with end results that are anticompetitive, whereas Section 1 specifies and prohibits anti-competitive behavior. Mylen alleges that Celgene refused a generic rival access to samples of its branded drugs.

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    This case is one of few to deal with Section 2 in application to companies refusing to deal with a rival and, as such, is expected to be instructive.

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