Topic: Pay for delay

FTC closes sham lawsuit case against AbbVie

The Federal Trade Commission has withdrawn its case against AbbVie after a Supreme Court ruling in April determined that the agency does not have the authority to seek restitution or disgorgement under Section 13(b) of the FTC Act.

02 August 2021

Mylan secures victory in another EpiPen case

A federal Kansas judge has dismissed a pharmacy operator’s putative class action accusing Mylan and Pfizer of illegally monopolising the market for epinephrine auto-injectors used to treat severe allergic reactions.

28 July 2021

Takeda and Endo hit with pay-for-delay claims

Takeda Pharmaceutical and Endo International are facing a lawsuit over an alleged scheme to block generic competition to Takeda’s branded anti-constipation drug Amitiza.

28 June 2021

Health authorities should have pushed alternative medication, Servier tells UK court

Servier has kicked off its bid to convince a UK court that national health authorities should have encouraged doctors to prescribe cheaper generic drugs to mitigate their losses from its pay-for-delay settlements relating to a blood pressure medication.

17 June 2021

Quarantine hampers in-person evidence plans in Servier damages claim

A senior official at Servier may have to give evidence via videolink at a preliminary issues trial next week due to coronavirus restrictions, as the drugmaker seeks to prove that national health authorities in the UK should have mitigated any losses resulting from its alleged anticompetitive conduct.

09 June 2021

CAT upholds pay-for-delay decision but trims penalties

The UK’s specialist competition tribunal has confirmed that GlaxoSmithKline and three generic drugmakers broke competition rules by entering into pay-for-delay agreements for the antidepressant drug paroxetine – but slashed the original fines by £27 million.

10 May 2021

Fifth Circuit upholds FTC’s Impax decision

There is substantial evidence to support the Federal Trade Commission’s conclusion that a pay-for-delay settlement between Endo Pharmaceuticals and Impax Laboratories violated federal antitrust law, the US Court of Appeals for the Fifth Circuit has ruled.

14 April 2021

First EU pay-for-delay fines survive ECJ challenge

In a highly-anticipated ruling, the European Court of Justice has confirmed the European Commission’s first-ever pay-for-delay decision fining Lundbeck and five generic drugmakers a combined €146 million.

25 March 2021

Scott Morton backs Biden administration to tackle exclusionary conduct in drugs markets

Challenging pharmaceutical companies’ exclusionary conduct is a “low-hanging fruit” that could help the Biden administration lower the cost of drugs in the US, a former Department of Justice official has said.

12 March 2021

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