Louisiana Wholesale Drug Co., Inc. v. Sanofi-Aventis
Analysis Group was retained by Jones Day in this lawsuit in which plaintiff Louisiana Wholesale Drug Co. Inc., a drug wholesaler, claimed that our client, Sanofi-Aventis (Aventis), filed a "Citizen Petition" with the intention of delaying FDA approval for Abbreviated New Drug Applications (ANDAs) for generic versions of Aventis's Arava (leflunomide), a drug used to treat rheumatoid arthritis. Plaintiffs alleged that in filing such a petition, Aventis unlawfully delayed entry of generic drugs, thus causing direct purchasers to pay more for leflunomide than they would have had they been able to purchase generic (rather than branded) leflunomide earlier. An Analysis Group team led by President Pierre Cremieux, Managing Principal Alan White, and Vice President Brian Ellman, evaluated the relevant market in which Arava competes, and the extent to which Arava exercised any monopoly power within that relevant market. Dr. Cremieux filed an expert report and testified in court that Arava did not possess monopoly power in the relevant market and, as a result, any alleged damages were zero.
The case went to trial in the Southern District of New York. In returning their verdict, jurors found that plaintiffs had failed to prove that the defendant's Citizen Petition was objectively baseless. As a result, plaintiffs did not have any basis for an antitrust claim.