No. 25-1070

AstraZeneca Pharmaceuticals LP, et al. v. Mosaic Health, Inc., et al.

Lower Court: Second Circuit
Docketed: 2026-03-11
Status: Pending
Type: Paid
Amici (2) Experienced Counsel
Tags: antitrust-law conspiracy Illinois-Brick indirect-purchaser lost-profits trade-association
Latest Conference: N/A
Question Presented (from Petition)

Whether Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), which bars antitrust claims by indirect purchasers and sellers, applies to a claim of "lost profit" damages based on indirect purchases or sales that were not made due to the alleged conspiracy.

Whether the allegation that businesses had an "opportunity to conspire," such as through joint lobbying and participation in a trade association, plausibly suggests an antitrust conspiracy.

Question Presented (AI Summary)

Whether Illinois Brick Co. v. Illinois bars antitrust claims by indirect purchasers based on lost profit damages from purchases not made due to alleged conspiracy, and whether allegations of opportunity to conspire through joint lobbying and trade association participation plausibly suggest an antitrust conspiracy

Docket Entries

2026-04-10
Amicus brief of The Chamber of Commerce of the United States of America and the National Association of Manufacturers as Amici Curiae submitted.
2026-04-10
Brief amici curiae of Electric Power Supply Association, et al. filed.
2026-04-10
Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
2026-03-05
Petition for a writ of certiorari filed. (Response due April 10, 2026)

Attorneys

AstraZeneca Pharmaceuticals LP, et al.
Allon KedemArnold & Porter Kaye Scholer LLP, Petitioner
Electric Power Supply Association
Sarah Patricia HogarthMcDermott Will & Schulte LLP, Amicus
The Chamber of Commerce of the United States of America and the National Association of Manufacturers as Amici Curiae
Michael Francis MurrayPaul Hastings LLP, Amicus