No. 25-1070October Term 2025Before Arguments
AstraZeneca Pharmaceuticals LP, et al., Petitioners v. Mosaic Health, Inc., et al.
from the United States Court of Appeals for the Second Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Second Circuit.
Question presented
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?
- Case path
United States Court of Appeals for the Second Circuit / Accepted by the Court
- Area
Business and Regulation
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
AstraZeneca and Eli Lilly are asking the Supreme Court to take an antitrust case from the Second Circuit. They want the Court to clarify whether companies can seek lost-profit damages tied to indirect sales that never happened and whether joint lobbying and trade-group activity can be enough to suggest a conspiracy.
Argument
No oral argument is scheduled. The petition says the Court should resolve whether Illinois Brick blocks certain lost-profit claims tied to indirect sales and whether an alleged opportunity to conspire can plausibly show an antitrust conspiracy.
Impact
The answers could affect when businesses can sue over an alleged antitrust conspiracy and what kind of proof is enough early in a case. For example, a company that says it lost sales because of an industry-wide scheme could face a higher or lower bar to seek damages.
What is AstraZeneca v. Mosaic Health about?
The petition asks whether antitrust plaintiffs can seek lost-profit damages based on indirect sales that never happened. It also asks whether joint lobbying and trade-association ties can plausibly suggest a conspiracy.
Who could be affected if the Court takes AstraZeneca v. Mosaic Health?
Businesses bringing or defending antitrust suits could be affected, especially in industries with layered supply chains. The case could shape damages claims and how much indirect evidence is enough early in a case.
What happens next in AstraZeneca v. Mosaic Health?
The justices must decide whether to hear the case. No oral argument is scheduled yet, and no decision window is available.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 23, 2026
- Method
- Methodology