On May 4, 2016, the U.S. Court of Appeals for the Third Circuit affirmed a grant of summary judgment on all claims for Cleary Gottlieb client Sanofi US.
Plaintiff, Eisai, a competitor to Sanofi US, brought suit in the U.S. District Court for the District of New Jersey claiming that the volume and “market share” discounts offered by Sanofi US for its anticoagulant drug, Lovenox, amounted to de facto exclusive dealing. Eisai also claimed that Sanofi US’s sales tactics and other contract provisions violated the antitrust laws. Eisai sought billions of dollars in damages.
The district court granted summary judgment in favor of Sanofi US in March 2014. The Third Circuit affirmed, concluding that the facts did not support Eisai’s claims. Eisai could not establish that it was foreclosed from competing for a substantial part of the market or that the challenged conduct was likely to cause anticompetitive effects.