On February 7, 2017, the FTC filed a complaint against Shire ViroPharma, alleging that the pharmaceutical company engaged in unfair method of competition and violated federal antitrust laws by abusing government processes with baseless petitions to delay generic competition to its branded prescription drug, Vancocin HCl Capsules. The FTC alleged the drug manufacturer sought to protect monopoly profits by submitting 43 “serial, repetitive, and unsupported filings” to the FDA to delay entry of a generic version of its antibiotic Vancocin D, costing buyers hundreds of millions of dollars.

On appeal, the Third Circuit Court ruled against the FTC, holding the FTC was unable to establish that Shire “is violating or is about to violate the law” as required under 15 U.S.C. § 53(b).[1]