Eisai, Inc. v. Sanofi Aventis U.S., LLC

821 F.3d 394 (2016)

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Eisai, Inc. v. Sanofi Aventis U.S., LLC

United States Court of Appeals for the Third Circuit
821 F.3d 394 (2016)

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Facts

Eisai, Inc. (plaintiff) and Sanofi Aventis U.S., LLC (Sanofi) (defendant) both manufactured anticoagulant drugs used to treat blood clots, among other uses. Eisai’s drug, Fragmin, was also approved for treatment of cancer patients. Sanofi’s drug, Lovenox, was approved for treatment of severe heart attacks. Lovenox held a dominant market share, ranging from 81.5 to 92.3 percent. Fragmin had the second largest share, ranging from 4.3 to 8.2 percent. Sanofi offered hospital customers discounts for purchasing Lovenox. Hospitals received a 1 percent discount if Lovenox made up less than 75 percent of their total anticoagulant drug purchases. If Lovenox made up more than 75 percent of their purchases, hospitals received greater discounts based on the volume and market share they purchased. Hospitals were also free to purchase Lovenox at wholesale prices. Eisai sued Sanofi for violations of Sherman Act §§ 1 and 2 and the Clayton Act, arguing that Sanofi’s discounts restricted competition by illegally bundling contestable demand for Lovenox with incontestable demand for Lovenox. Eisai defined contestable demand as the units the customer was willing to switch to rival products and incontestable demand as the units the customer was less willing to switch to a rival product. The district court granted Sanofi’s motion for summary judgment, and Eisai appealed.

Rule of Law

Issue

Holding and Reasoning (Roth, J.)

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