Sicor Ltd. v. Cetus Corp.

Two foreign corporations filed the instant action in federal district court against several foreign and domestic companies, asserting federal antitrust claims and state law causes of action for breach of contract, interference with contractual relations, and indebitatus assumpsit. The district court entered summary judgment in favor of the defendants on all claims, and the plaintiffs have appealed. We affirm in part, reverse in part, and remand.

FACTS AND PRIOR PROCEEDINGS

Doxorubicin hydrochloride (“doxorubicin”) is a chemical used in the treatment of some fourteen different types of cancer. Although it is one of the most effective and widely sold anti-cancer drugs available in the United States, it is also highly toxic in bulk form and must be specially prepared and packaged, or “finished,” before it can be marketed in dosage form. Consequently, a distributor of *851 bulk doxorubicin must obtain approval from the Food and Drug Administration (“FDA”) of the distributor’s source (i.e., the manufacturer of the bulk doxorubicin) before turning it over to a finisher.

Erbamont N.V., a Netherlands Antilles company, once enjoyed a virtual monopoly on the sale of doxorubicin in the…