Pfizer files second lawsuit against Metsera, Novo Nordisk

Pfizer (PFE) announced that it has filed a second lawsuit against Metsera, its controlling stockholders, and Novo Nordisk (NVO) 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. The lawsuit further alleges that Metsera’s controlling stockholders, Validae Health, L.P., Population Health Partners GP, LLC, ARCH Venture Fund XII, L.P., and ARCH Venture Fund XIII, L.P. have conspired with Metsera and Novo Nordisk in furtherance of these anticompetitive activities. 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.” As previously announced, Pfizer has also filed a separate lawsuit against Metsera, its board of directors and Novo Nordisk in the Delaware Court of Chancery and a motion for a temporary restraining order to block Metsera from terminating the merger agreement.