The US FTC files a complaint against five pharmaceutical companies for pay-for-delay settlements (AbbVie)

On September 8, 2014, the Federal Trade Commission (FTC) filed a federal antitrust complaint in the United States District Court for the Eastern District of Pennsylvania against defendants AbbVie, Abbott Laboratories, Unimed Pharmaceuticals, Besins Healthcare and Teva Pharmaceuticals alleging violations of Section 5 of the FTC Act, 15 U.S.C. § 45(a), for entering into an agreement to maintain a monopoly over and restrain generic competition to AndroGel, a testosterone replacement therapy product. The complaint claims that the defendants entered into an illegal “reverse-payment” settlement, but additionally — and in a departure from previous cases the FTC has filed — that AbbVie, Abbott, Unimed and Besins (the Abbott Defendants) filed sham patent infringement lawsuits against potential

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (New York)

Quotation

Paul M.  Eckles, Steven C. Sunshine, Karen Hoffman Lent, The US FTC files a complaint against five pharmaceutical companies for pay-for-delay settlements (AbbVie), 8 September 2014, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 69298

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