FTC v. Lundbeck (mergers, market definition)

The AAI filed an amicus brief today urging the Eighth Circuit Court of Appeals to reverse the lower court’s dismissal of the FTC’s post-acquisition challenge to the combination of the only two drugs that treat a heart condition in premature infants. The AAI’s brief argues that the lower court erred in concluding that the two drugs are not in the same relevant product market by ignoring non-price competition and the fact that if the drugs were independently owned they would have constrained each other’s pricing.  The brief was written by Advisory Board member Chris Sagers, with AAI Director of Legal Advocacy Rick Brunell, and assisted by Advisory Board member Joe Bruckner.