Requiring proof of intent in monopolization case 'makes nonsense of' antitrust law, FTC says
( June 23, 2026, 19:09 GMT | Official Statement) -- MLex Summary: The US Federal Trade Commission filed a brief advising an appeals court that longstanding Supreme Court precedent has clearly and consistently held that antitrust law is focused on the impact of anticompetitive conduct, not on the intent to harm competition. The appeal concerns a judgment against CareFirst's antitrust case against Johnson & Johnson over the drug Stelara. The agency argued that the lower court made "nonsense of" the Sherman Act by departing from the bedrock principle in requiring a plaintiff to prove that a biosimilar drug manufacturer intended to exclude rivals when it made an allegedly anticompetitive acquisition. Statement follows in full. Also see attached file....
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