Pfizer Inc. (PFE) Monday announced on Monday that it has filed a second lawsuit against Metsera, Inc., its controlling stockholders, and Novo Nordisk A/S in the United States District Court for the District of Delaware.
The lawsuit asserts that Novo Nordisk's recent proposal to acquire Metsera constitutes an anticompetitive action by Novo Nordisk to protect its dominant market position in GLP-1s by capturing and killing a nascent American competitor before it gains the support of Pfizer.
The lawsuit alleges that Novo Nordisk's proposed transaction violates Section 7 of the Clayton Act because of the anticompetitive effects it would have in the GLP-1 drug markets to the detriment of millions of Americans who suffer from obesity, diabetes, and other metabolic conditions, that it constitutes an anticompetitive conspiracy between Novo Nordisk and Metsera in restraint of trade in violation of Section 1 of the Sherman Act, and that it constitutes attempted monopolization and conspiracy to monopolize under Section 2 of the Sherman Act.
Pfizer intends to seek all appropriate remedies, including injunctive relief, to ensure that Novo Nordisk's anticompetitive proposed transaction is not permitted to move forward.
Pfizer said it "is taking this action to preserve and enhance competition in this important therapeutic area and to stop Novo Nordisk from illegally paying off Metsera and its controlling stockholders to gain control of, and impair and potentially kill, an emerging U.S. competitor. Metsera's and its controlling stockholders' actions, as well as those of Novo Nordisk, are in clear violation of the antitrust laws. We are confident in the merits of our case and look forward to presenting it to the Court."
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