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SigmaPharm, Inc. v. Mutual Pharmaceutical Co., Inc.

Certiorari Denied

Petition for certiorari denied on October 1, 2012.

Docket No.11-1275
Op. Below3d Cir.

Issue

Whether the Third Circuit has erred in restricting the availability of Section 4 of the Clayton Act, 15 U.S.C. § 15(a) -- which grants a private right of action for treble damages to "any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws" -- with a general rule that "[a]s a general matter, the class of plaintiffs capable of satisfying the antitrust-injury requirement is limited to consumers and competitors in the restrained market and to those whose injuries are the means by which the defendants seek to achieve their anticompetitive ends."

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