In Re Ditropan XL Antitrust Litigation

ORDER (1) GRANTING DEFENDANTS’ MOTION TO DISMISS DIRECT PURCHASER’S COMPLAINT AND (2) GRANTING IN PART AND DENYING IN PART ALZA’S MOTION TO DISMISS INDIRECT PURCHASERS’ COMPLAINT

Now before the Court are Defendants’ motions to dismiss the two consolidated class action complaints filed by plaintiff American Sales Company (“ASC” or “Direct Purchaser Plaintiff’) and by City of Fargo Health Trust Fund, Local 28 Sheet Metal Workers Fund, United Food & Commercial Workers Union & Employers Midwest Health Fund, Plumbers & Pipe-fitters Local 572 Health & Welfare Fund, and Teamsters Local No. 35 Health Plans (collectively, “Indirect Purchaser Plaintiffs”). Defendants Alza Corporation (“Alza”) and Johnson & Johnson (collectively, “Defendants”) move jointly to dismiss the Direct Purchaser Plaintiffs action. Alza is the only named defendant in the Indirect Purchaser Plaintiffs’ action, and thus, only Alza moves to dismiss their complaint. Having considered the parties’ arguments, relevant legal authority, and having had the benefit of oral argument, the Court hereby grants the motion to dismiss the Direct Purchaser Plaintiffs complaint and grants in part and denies in part the motion to…