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AstraZeneca Pharmaceuticals LP, et al. v. Mosaic Health, Inc., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 24-598 · judgment August 6, 2025


5%
estimated cert probability
(petition-stage, structural)
95% interval 3%–8%
Conference-stage estimate: 29%
GVR risk 4%

Modestly above the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a Second Circuit decision below, and a business petitioner, and down for a business respondent.

Questions presented

This case presents two important antitrust questions that have divided the courts of appeals:

  1. Whether Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), which bars antitrust claims by indirect purchasers and sellers, applies to a claim of “lost profit” damages based on indirect purchases or sales that were not made due to the alleged conspiracy.

  2. Whether the allegation that businesses had an “opportunity to conspire,” such as through joint lobbying and participation in a trade association, plausibly suggests an antitrust conspiracy.

Counsel of record

For petitioner
Allon Kedem
Arnold & Porter Kaye Scholer LLP

For respondent
Brian Marc Feldman
Aurelian Law PLLC

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Sep 02 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 25 2026
    Rescheduled.
  3. Aug 05 2026
    DISTRIBUTED for Conference of 9/28/2026.
  4. Aug 04 2026
    Reply of petitioners AstraZeneca Pharmaceuticals LP, et al. filed. (Distributed)
  5. Jul 22 2026
    Brief of respondents Mosaic Health, Inc., et al. in opposition filed.
  6. Jun 25 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including July 22, 2026.
  7. Jun 23 2026
    Motion to extend the time to file a response from July 1, 2026 to July 22, 2026, submitted to The Clerk.
  8. May 12 2026
    Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2026.
  9. May 08 2026
    Motion to extend the time to file a response from June 1, 2026 to July 1, 2026, submitted to The Clerk.
  10. Apr 30 2026
    Response Requested. (Due June 1, 2026)
  11. Apr 22 2026
    DISTRIBUTED for Conference of 5/14/2026.
  12. Apr 10 2026
    Brief amici curiae of Electric Power Supply Association, et al. filed.
  13. Apr 10 2026
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  14. Mar 05 2026
    Petition for a writ of certiorari filed. (Response due April 10, 2026)