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Market definition spurs district court’s decision denying product ownership challenge
  • McDermott Will & Emery
  • USA
  • September 22 2010

The Federal District Court in Minnesota recently decided Ovation Pharmaceutical did not violate federal or state antitrust laws when it acquired Indocin IV and NeoProfen, the only two drugs approved for treatment of a specific heart condition that primarily affects premature babies, because the challengers failed to establish that the drugs were in the same product market.