Amicus Brief - Mylan Inc. v. Mylan Specialty

WASHINGTON - Open Markets Institute filed an amicus brief urging the U.S. Court of Appeals for the 10th Circuit to reverse the district court’s faulty decision in Sanofi’s lawsuit against pharmaceutical giant Mylan. Sanofi alleged and showed in detail that Mylan maintained the monopolistic position of its EpiPen through unfair competitive practices.

The brief explains that Mylan maintained its monopoly in the market for auto-epinephrine injectors using practices that the Sherman Act prohibits in multiple ways. It also details the danger of the district court’s faulty decision to dismiss such blatantly illegal exclusionary and monopolistic practices by ruling in Mylan’s favor.

Read the full brief below or download here.