Amgen Dismisses Regeneron Antitrust Lawsuit, Moves to Stay – Antitrust, EU Competition

We previously reported on Regeneron’s antitrust lawsuit against Amgen in the United States District Court for the District of Delaware. Amgen recently filed a motion to dismiss Regeneron’s complaint and a motion to continue the lawsuit.

The lawsuit concerns Regeneron’s allegations that Amgen violated antitrust laws and “engaged in a persistent exclusion campaign to deny life-saving benefits to patients.”
[] Praluent® (alirocumab), Regeneron’s cholesterol-lowering drug. In its motion to dismiss under Fed. R. Civ. 12(b)(6), Amgen alleges that, among other things, Amgen believes Amgen’s price cuts violate antitrust laws. “(1) It cannot be argued that the agreement between Amgen and ESI Part D and Optum Commercial is exclusive or de facto exclusive; and (2) the foreclosure is Only 15.27%, far from the 40% to 50% “substantial foreclosure” courts generally require. (3) fails to reasonably claim that the contract is of sufficient duration to be exclusive; (4) not claiming coercion; Amgen also said Regeneron’s antitrust claims violated antitrust laws “because Amgen does not claim to bundle his Repatha® with kickbacks for proprietary or market-dominant drugs.” claim is inadmissible. Because they are derivatives of antitrust claims.

Amgen is also moving to stay the litigation “until resolution of a patent litigation between Amgen and Regeneron involving the same drug at issue here” and is currently seeking Amgen’s waiver petition. Amgen is appearing in the Supreme Court on[i]In this case, Regeneron alleges that Amgen engaged in anti-competitive conduct by marketing its drug Repatha® in such a way as to keep Praluent® out of the market.[m]All of Regeneron’s claims relate to patent litigation, and as such, “If Amgen wins the patent litigation, Regeneron’s claims would be invalid.” and saves parties and non-parties costs and expenses that may prove unnecessary.”

We will continue to closely monitor developments in this matter.

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