DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103458P.pdf 08/19/2011 Federal Trade Commission v. Lundbeck, Inc.
U.S. Court of Appeals Case No: 10-3458
and No: 10-3459
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Benton, Author, with Colloton, Circuit Judge, and
Kopf, District Judge]
Civil Case - Federal Trade Commission Act; antitrust. The FTC and
State of Minnesota brought antitrust and FTCA claims against Lundbeck,
Inc., who purchased two drugs prescribed for patent ductus arteriosus and
raised the prices for both drugs. The district court's determination that
the FTC did not meet its burden to prove the two drugs were in the same
product market and thus failed to identify the relevant market is affirmed,
as the district court's fact-finding was not clearly erroneous. Judge Kopt
concurs.