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

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.”

Briefs and Documents

Certiorari-stage documents

• Opinion below (3d Cir.)
• Petition for certiorari
• Brief of respondents Mutual Pharmaceutical Company, Inc. et al. in opposition
• Amicus brief of David B. Audretsch et al.
• Reply of petitioner