Federal Trade Commission v. Allergan and Watson Laboratories, Inc. et al.

Date Filed: January 23, 2017
Status: Decided
District Court: Northern District of California – 3:17-cv-00312-JCS
Nature of Suit: Generic Competition Block or Delay, Antitrust
Defendant Type: Pharma
Plaintiff Type: Federal
Case Info: https://www.ftc.gov/enforcement/cases-proceedings/141-0004/allergan-plc-watson-laboratories-inc-et-al|https://www.ftc.gov/enforcement/cases-proceedings/141-0004/impax-laboratories-inc
Court Document: https://www.ftc.gov/system/files/documents/cases/allergan_complaint_redacted.pdf

On January 23, 2017, the FTC refiled a complaint against Watson Laboratories and its former parent company, Allergan, for entering a pay-for-delay settlement with EndoPharmaceuticals to block a generic version of Watson/Allergan’s drug brand name drug Lidoderm. The FTC’s claims against the companies were originally joined with claims against Impax Lab, but a federal court in Pennsylvania severed the two issues in May 2016, leading to the refiling of the case in California.

In a related matter, the FTC filed a joint proposed stipulated order in the District Court for the Northern District of California which resolved charges that EndoPharmaceuticals violated federal antitrust laws by using pay-for-delay settlements to stop generic versions of its two top-selling brand name drugs from entering the market. The proposed order Endo agreed to stop the pay-for-delay settlements. See the FTC press release.

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