Open Markets Institute supports reviving US antitrust claims against Amgen over Enbrel
( August 14, 2026, 15:44 GMT | Official Statement) -- MLex Summary: The Open Markets Institute told a US appeals court that the Sherman Act applies to acquisitions of all kinds of assets, including patents and patent applications. OMI filed a brief in support of the court reviving Sandoz’s antitrust claims against Amgen over Enbrel, arguing that Amgen’s purchase of Roche’s pending patent applications granted it an “exclusive right to exploit the idea.” “Whereas Roche would have likely licensed the pending patents to manufacturers of biosimilar versions of Enbrel or used them to enter the market for Enbrel on its own, Amgen deployed them as an economic weapon to exclude competitors,” OMI said. See attached file. ...
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