Refusal to Sell Drug Needed to Obtain Approval for Generic Version to Move Forward

Eastern District of Pennsylvania Timothy J. Savage denied Celgene’s motion to dismiss antitrust claims filed by Lannet Co.  The complaint alleges that Celgene violated the antitrust laws by refusing to sell Thalomid pills so that it could conduct a bioequivalence study that is needed to obtain approval to sell a genetic version of the drug.  The defendant argued that the antitrust laws do not impose a duty to deal with a competitor.  The court did not explain its decision to deny summary judgment.

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