[DOWNLOAD] "Smithkline Corp. v. Lilly" by United States Court of Appeals for the Third Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Smithkline Corp. v. Lilly
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 03, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Opinion OF THE COURT ALDISERT, Circuit Judge. The major question for decision is whether the district court in a non-jury trial erred in defining the relevant product market in a proceeding brought by SmithKline Corporation against Eli Lilly and Company under § 2 of the Sherman Act, which proscribes monopolies and attempts to monopolize. The court determined that the relevant product market is the nonprofit hospital market for a class of antibiotic drugs known as cephalosporins and that the relevant geographic market is the United States. Having so defined the relevant market, the court concluded that Lilly had illegally monopolized it. A permanent injunction against Lilly's illegal marketing practices was issued. Lilly has appealed, taking issue with the court on its market formulation; it would expand the relevant product market to include all anti-infective drugs prescribed by physicians. We affirm.1
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