In re HIV Antitrust Litigation

Good Law
United States District Court, Northern District of CaliforniaApril 18, 20233:19-cv-02573California3,365 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IN RE HIV ANTITRUST LITIGATION Case No. 19-cv-02573-EMC

ORDER RE IHPPS’ CLAIMS UNDER

STATE CONSUMER PROTECTION

LAWS

10 Docket Nos. 1659, 1724, 1725

12 13 The Court previously held in its order on the in limine motions that California law would not apply across the board to the IHPPs’ claims. See Docket No. 1716 (Order at 6-7). Anticipating that ruling, Defendants argued that, if the laws of multiple states apply, then some of the IHPPs’ consumer protection claims should be dismissed. According to Defendants, “some state consumer protection laws . . . do not apply where there is only anticompetitive conduct at issue,” Docket No. 1716 (Order at 7), as opposed to, e.g., deceptive conduct. The Court asked the parties to provide supplemental briefing on the laws of the states identified by Defendants. See Docket No. 1716 (Order at 7). Having received that briefing, the Court rules as follows. The IHPPs’ consumer protection claims based on the laws of the…

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