Although the lawsuit will move forward, a judge narrowed the scope of it.
Mylan still must face claims that it used anticompetitive tactics to block the introduction of a rival’s epinephrine product and artificially inflated the price of the product in violation of antitrust laws. But the judge dismissed charges that the company made misleading statements, didn’t disclose regulatory risks and fixed prices for some generic drugs.
Plaintiffs claimed Mylan “blocked Sanofi from accessing a significant portion of the market for epinephrine autoinjectors.”
The lawsuit “adequately alleges both harm to competition in the relevant market and the predominance of anticompetitive effects,” U.S. District Judge J. Paul Oetken ruled.
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