Impax Defeats FTC Pay-For-Delay Complaint, Helped By Status As Sole Marketer Of Generic Opana ER
FTC Chief Administrative Law Judge finds procompetitive benefit of Endo-Impax patent settlement agreement outweighs unjustified no-authorized generic provision.
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Agreeing a deal that it would not face an authorized generic during its 180-day market exclusivity for generic Opana ER contributed to Amneal's Impax striking an illegal pay-for-delay settlement, the FTC is alleging
Settlement reflects existing landscape in which companies are avoiding no-authorized generic commitments, and may harbinger FTC's shift to other issues.
Global settlement resolves charges against Teva in three pending FTC antitrust suits and expands terms of 2015 consent decree.