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Ethypharm SA France v. Abbott Labs

Ethypharm S.A. France (“Ethypharm”) appeals the judgment of the United States District Court for the District of Delaware granting Abbott Laboratories (“Abbott”) summary judgment on Ethypharm‟s antitrust and state law claims. Although the District Court ruled in Abbott‟s favor, it had earlier denied Abbott‟s motion to dismiss, a motion premised on the assertion that Ethypharm lacked standing to bring antitrust claims under §§ 1 and 2 of the Sherman Antitrust Act. Abbott has pressed its standing argument on appeal, and we conclude that the District Court erred in holding there is antitrust standing in this case. Because Ethypharm‟s state law claims have not been argued on appeal, the District Court‟s judgment on those claims will remain undisturbed, but we will vacate the District Court‟s grant of summary judgment as to the federal claims and will remand with directions that they be dismissed for Ethypharm‟s lack of standing.

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