OraSure–Prestige Brands arbitration
This article was originally published in The Tan Sheet
Executive Summary
Prestige Brand's acquisition of the Wartner cryosurgical wart removal line breaches a non-compete provision between OraSure and Prestige, which markets OraSure's Compound W Freeze Off wart removal products, an arbitration panel states Oct. 23. The Wartner products compete directly in the domestic OTC market against Freeze Off, in violation of a clause in the parties' distribution agreement. The panel concludes OraSure is entitled to an award of its legal fees and share of arbitrators' costs and that all counterclaims asserted by Prestige Brands are rejected. Prestige Brands acquired Wartner in 2006 (1"The Tan Sheet" Oct. 2, 2006, p. 8)...