Eighth Circuit -- Federal Trade Commission v. Lundbeck, Inc.

Federal Trade Commission v. Lundbeck, Inc.

No error in District Court finding that there was no pharma market for antitrust purposes, since experts testified that cost did not drive their decisions as to which of several similar drugs to use.

Functionally similar products can be in different markets.

No error in District Court not crediting expert claiming marginal buyers could affect costs.

Manufacturer's own documents indicating market are not dispositive.

Concurrence - Docs never choose drugs based on economic motives - but no reversible error in trial court holdings.