Summary:
Plaintiffs claimed that Allergan, maker of Botox, is colluding with Medytox, a Korean maker of similar drugs, to divide up the market share in the United States. Plaintiffs filed a motion for summary judgment, claiming Allergan's entry into a licensing agreement with Medytox constitutes a horizontal market allocation which is condemned as a matter of law.
Finding that there remains allegations that, if disproven, would fail to support liability, the court denied summary judgment.
Takeaway:
This was an interesting tactic, that the plaintiff would file a motion for summary judgment on the pleadings. It is unusual that the plaintiff wishes to finish the case in this manner.
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