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Open Markets urges US Supreme Court to review physicians' antitrust case against Merck

( August 11, 2025, 23:00 GMT | Official Statement) -- MLex Summary: The Open Markets Institute filed an amicus brief supporting physicians' bid for Supreme Court review of their antitrust claims over mumps vaccines against Merck, arguing Merck's deception of Food and Drug Administration regulators should not be protected by the Noerr-Pennington doctrine. The US Court of Appeals for the Third Circuit has made an outlier decision immunizing Merck from antitrust liability for its misrepresentations to the FDA over the potency of its mumps vaccine to "sideline biosimilar competition and extend its monopoly for more than a decade," the brief said. "By granting absolute protection to misrepresentations made to the FDA, the Third Circuit authorizes the abuse of agency proceedings as a competitive cudgel," it said.See attached file....

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