The US Court of Appeals for the Fifth Circuit upholds the FTC’s ruling that the generic drug maker engaged in an anticompetitive “reverse payment” settlement with a brand manufacturer (Endo / Impax)

On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Federal Trade Commission’s ruling that generic drug maker Impact Laboratories, LLC (now owned by Amneal Pharmaceuticals) engaged in an anticompetitive “reverse payment” settlement with brand manufacturer Endo Pharmaceuticals. [1] This was an important win for the FTC, marking the first time an appellate court has weighed in on the merits of a “reverse payment” case prosecuted by the FTC since the Supreme Court’s 2013 decision in FTC v. Actavis [2] holding that reverse payment settlements can violate the antitrust laws. Background In 2016, the FTC alleged that the 2010 settlement agreement between Impax and Endo involved an illegal “reverse payment” that delayed generic entry by more than two years, in exchange for

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  • Hausfeld (Philadelphia)

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Tamara Freilich, The US Court of Appeals for the Fifth Circuit upholds the FTC’s ruling that the generic drug maker engaged in an anticompetitive “reverse payment” settlement with a brand manufacturer (Endo / Impax), 13 April 2021, e-Competitions Intellectual property, Art. N° 101006

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