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Doe v. Abbott Labs., No. 08-17699

In an antitrust action alleging monopoly leveraging in an HIV drug market, the denial of summary judgment to Defendants is reversed, where allegations of monopoly leveraging through pricing conduct in two markets does not state a claim under Section 2 of the Sherman Act absent an antitrust refusal to deal in the monopoly market or below-cost pricing in the second market.

Read Doe v. Abbott Labs., No. 08-17699

Appellate Information

Argued and Submitted May 13, 2009

Filed July 7, 2009


Opinion by Judge Rymer


For Appellant:

James F. Hurst, Winston & Strawn LLP, Chicago, IL

Jeffrey I. Weinberger, Munger, Tolles & Olson LLP, Los Angeles, CA

For Appellees:

Richard R. Wiebe, Law Office of Richard R. Wiebe, San Francisco, CA