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Ortho Biotech v. Amgen

Posted  September 22, 2017

The firm represented Ortho Biotech, a subsidiary of Johnson & Johnson, in a Sherman Act Section 1 and 2 litigation against Amgen, Inc. in the District of New Jersey. Ortho alleged that Amgen used its monopoly in the market for white blood cell growth factor (WBCGF) drugs to the detriment of consumers that purchase red blood cell growth factor (RBCGF) drugs. WBCGF and RBCGF drugs are given to patients undergoing cancer chemotherapy that have sustained substantial losses in either white or red blood cells. Specifically, Ortho alleged that Amgen engaged in its exclusionary tactics by providing massive rebates to cancer clinics on its WBCGF drugs only on the condition that the clinics purchase all or substantially all of their RBCGF drugs from Amgen (as opposed to Ortho). Ortho alleged that this conduct led to anticompetitive effects by, among other things, foreclosing it from substantial portions of RBCGF sales and that this conduct constitutes an illegal tying arrangement, a maintenance of monopoly power and/or an unlawful attempt to monopolize. Ortho sought damages and injunctive relief in this matter. In a settlement that the parties announced on July 11, 2008, Amgen agreed to pay Ortho $200 million.