Dismissal of Tamoxifen Suit Upheld by Second Circuit

The Second Circuit (In re Tamoxifen Citrate Antitrust Litigation, --- F.3d ----, 2005 WL 2864654 (2d Cir. Nov. 02, 2005)) recently upheld the dismissal of a suit brought by consumers of the drug tamoxifen citrate against the drug's patent holders and generic manufacturer. The suit alleged that a settlement agreement entered into by the defendants violated federal and state antitrust laws. The district court dismissed the complaint pursuant to FRCP Rule 12(b)(6) based on its conclusion that the settlement agreement was not a violation of antitrust law and that the plaintiffs did not suffer antitrust injury as a result of the alleged violation.