King & Spalding Secures Victory for Novo Nordisk in New York Antitrust Suit

King & Spalding successfully defended Novo Nordisk in a federal antitrust suit in New York alleging Novo Nordisk, along with other major insulin manufacturers, conspired to rescind 340B drug discounts for covered entities. On February 1, 2024, Chief U.S. District Judge Elizabeth Wolford denied Plaintiffs Mosaic Health Inc. and Central Virginia Health Services Inc.’s motion for leave to file a second amended complaint, holding that the drug manufacturers’ individual 340B policies did not amount to “parallel conduct” under the antitrust laws, and the lawsuit appeared to be an improper “backdoor attempt to use the antitrust laws to enforce plaintiffs’ preferred interpretation of the 340B statute.”