Second Circuit – Sherman Act: Mosaic Health Inc. v. Sanofi-Aventis U.S. LLC

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United States Court of Appeals for the Second Circuit

Sherman Act — Horizontal price-fixing — Sufficiency of complaint

Mosaic Health Inc. v. Sanofi-Aventis U.S. LLC

24-598

Judges Perez, Nathan, and Kahn

Background: The plaintiffs are federally funded health centers and clinics who filed a class action complaint against a group of drug manufacturers alleging violation of antitrust laws through concerted action to restrict drug discounts offered to contract pharmacies. The plaintiffs appealed from the dismissal of their first complaint and denial of their motion to file an amended complaint.

Ruling: The Second Circuit vacated and remanded. The court held that the proposed second amended complaint pleaded enough facts to give rise to a plausible inference of a horizontal price-fixing conspiracy under Section 1 of the Sherman Act.

Brian Marc Feldman, of Aurelian Law, for the plaintiffs-appellants; John C. O’Quinn, of Kirkland & Ellis, Ashley C. Parrish, of King & Spalding, C. Scott Let, of Arnold & Porter Kay Scholar, and Rajeeve Muttreja, of Jones Day, for the defendants-appellees.

Oral argument audio