From our private database of 34,000+ case briefs...
Eisai, Inc. v. Sanofi Aventis U.S., LLC
United States Court of Appeals for the Third Circuit
821 F.3d 394 (2016)
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
Holding and Reasoning (Roth, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 607,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.