The US Court of Appeals for the Fifth Circuit upholds the FTC’s decision in the first fully litigated reverse payment decision against generic pharmaceutical companies (Endo / Impax)

On April 13, the U.S. Court of Appeals for the Fifth Circuit affirmed the Federal Trade Commission’s decision that Impax Laboratories entered an anticompetitive “reverse payment” settlement with Endo Pharmaceuticals. This case was the FTC’s first fully litigated reverse payment case since the Supreme Court’s 2013 decision in FTC v. Actavis holding that reverse payment settlements can violate the antitrust laws. Background In 2016, the FTC alleged that Impax entered an illegal “reverse payment” settlement agreement with Endo in 2010 that delayed generic entry by more than two years in exchange for payments worth over $100 million. Specifically, the FTC alleged that Impax could have entered with a generic version of extended-release oxymorphone to compete with Endo’s Opana ER product in

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Authors

  • Cleary Gottlieb Steen & Hamilton (Washington)
  • Cleary Gottlieb Steen & Hamilton (Washington)
  • Cleary Gottlieb Steen & Hamilton (Washington)
  • Cleary Gottlieb Steen & Hamilton (Washington)

Quotation

Kenneth Reinker, Bruce Hoffman, Kathleen W. Bradish, George S. Cary, The US Court of Appeals for the Fifth Circuit upholds the FTC’s decision in the first fully litigated reverse payment decision against generic pharmaceutical companies (Endo / Impax), 13 April 2021, e-Competitions Intellectual property, Art. N° 100433

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