BAYER SCHERING PHARMA AG and BAYER HEALTHCARE PHARMACEUTICALS, INC., Plaintiffs, —v.— SANDOZ, INC., WATSON PHARMACEUTICALS, INC., and WATSON LABORATORIES, INC., Defendants., 813 F. Supp. 2d 569

Summary

The corporation failed to plead sufficient facts to demonstrate that no two-drug combination was an acceptable substitute for the pharmaceutical companies' brand-name oral contraceptive prescription drugs: Yaz or Yasmin. Because the alleged product market pleaded in the corporation's amended counterclaims was not plausible, its claims for monopolization in violation of § 2 (15 U.S.C.S. § 2) of the Sherman Act, conspiracy to monopolize in violation of § 2 of the Sherman Act, and conspiracy in restraint of trade in violation of § 1 (15 U.S.C.S. § 1) of the Sherman Act had to be dismissed.