Case Description
State parens patriae action, wholly under state law, alleging anticompetitive tying and pricing. The tying product was White Blood Cell Growth Factor, in which Amgen had a monopoly position, according to the complaint. The tied product was Red Blood Cell Growth Factor. Amgen’s product, Aranesp, competed with Procrit for this market. The complaint alleged that oncology clinics, which use these drugs, receive rebates on WBCGF purchases if they purchase above a certain amount of the RBCGF from Amgen. The case was removed to federal court, and the state filed a motion to remand, but the newly-elected Attorney General dismissed the case without prejudice before the motion was heard.