Jury: Munger Tolles Client Not Liable on Competitor’s Antitrust, Unfair Competition Claims 

On March 30, 2011 a federal jury in the Northern District of California concluded that the pharmaceutical company Abbott Laboratories was not liable to its competitor, GlaxoSmithKline, under the federal antitrust laws or a state unfair competition law for its December 2003 repricing of its HIV drug Norvir. GlaxoSmithKline had sought $571 million in damages, which potentially could have been trebled to more than $1.7 billion under the federal antitrust and state unfair competition laws. 

The jury did award GlaxoSmithKline approximately $3.5 million in damages on a contract claim for which GlaxoSmithKline had also sought $571 million.

Munger, Tolles & Olson and co-counsel Winston & Strawn represented Abbott during the three-week trial. The Munger Tolles trial team included Jeffrey I. Weinberger, Stuart N. Senator, Michelle T. Friedland, Keith R.D. Hamilton II, and Kathryn A. Eidmann.