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US: Celgene exclusive dealing suit to proceed

By  |  January 14, 2015

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

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.

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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