Litigation

Federal Trade Commission v. Shire ViroPharma Inc.

Date Filed: February 7, 2017
Status: Pending
District Court: District of Delaware – Case No. 17-cv-00131-RGA
Appellate Court: 3rd Circuit Case No. 18-1807
Nature of Suit: Generic Competition Block or Delay
Defendant Type: Pharma
Plaintiff Type: Federal
Case Info: https://www.ftc.gov/enforcement/cases-proceedings/121-0062/shire-viropharma

On February 7, 2017, the FTC filed a complaint against Shire ViroPharma, alleging that the pharmaceutical company violated federal antitrust laws by abusing government processes to delay generic competition to its branded prescription drug, Vancocin HCl Capsules. The U.S. District Court for the District of Delaware tossed the lawsuit alleging the drug manufacturer violated antitrust laws by submitting numerous baseless petitions to the FDA allegedly to delay entry of a generic version of its antibiotic Vancocin D. The FTC alleged the company sought to protect monopoly profits by filing “serial, repetitive, and unsupported filings” with the Food and Drug Administration, costing buyers hundreds of millions of dollars.


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