BIOCAD JSC, Plaintiff-Appellant, - against - F. HOFFMANN-LA ROCHE, GENENTECH, INC., R-PHARM JSC, ROCHE HOLDING AG, Defendants-Appellees.*, 942 F.3d 88

Summary

HOLDINGS: [1]-The district court properly dismissed plaintiff Russian private pharmaceutical company's antitrust claims under the Sherman Act, Clayton Act, and Donnelly Act, seeking damages and other relief for anticompetitive conduct by foreign entities in a foreign country that purportedly had delayed or prevented its entry into the United States market for cancer treatment drugs because the company's claims were barred by the provisions of the Foreign Trade Antitrust Improvements Act, 15 U.S.C.S. § 6a, that excluded from the scope of antitrust laws conduct involving trade or commerce with foreign nations, and defendants' conduct did not fall within the import exclusion as their actions did not immediately impact the United States import market.