Mylan Pharmaceuticals, Inc. v. Celgene Corporation

Brief of the Federal Trade Commission before the U.S. District Court for the District of New Jersey addressing the proper application of antitrust principles to a pharmaceutical company’s refusal to sell samples to potential generic competitors. The brief opposes the defendant’s motion to dismiss the case. The brief takes the position that (a) a brand pharmaceutical company’s refusal to sell samples to a generic company can constitute exclusionary conduct under established Supreme Court precedent; (b) a brand company’s distribution agreements are not immune from antitrust scrutiny, and (c) a brand company’s patents alone do not establish a lack of antitrust injury.