In an antitrust action alleging monopoly leveraging in an HIV drug market, the denial of summary judgment to Defendants is reversed, where allegations of monopoly leveraging through pricing conduct in two markets does not state a claim under Section 2 of the Sherman Act absent an antitrust refusal to deal in the monopoly market or below-cost pricing in the second market.
Read Doe v. Abbott Labs., No. 08-17699
Appellate Information
Argued and Submitted May 13, 2009
Filed July 7, 2009
Judges
Opinion by Judge Rymer
Counsel
For Appellant:
James F. Hurst, Winston & Strawn LLP, Chicago, IL
Jeffrey I. Weinberger, Munger, Tolles & Olson LLP, Los Angeles, CA
For Appellees:
Richard R. Wiebe, Law Office of Richard R. Wiebe, San Francisco, CA
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