by Jon B. Dubrow, David Marx, Jr. and Rachael Lewis

The Federal District Court in Minnesota recently decided Ovation Pharmaceutical did not violate federal or state antitrust laws when it acquired Indocin IV and NeoProfen, the only two drugs approved for treatment of a specific heart condition that primarily affects premature babies, because the challengers failed to establish that the drugs were in the same product market.  The decision raises significant issues to consider when evaluating antitrust risks in future transactions.

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