The FTC is asking a US Court of Appeals to revisit a lawsuit from Mylan against Allergan, which claims that Allergan changed the formula of antibiotic Doryx to stymie its competition. Allergan sold the US rights to the drug earlier this year to Mayne Pharmaceuticals.
Even though a trial judge dismissed Mylan’s claims, saying that the company failed to prove any anticompetitive action on the part of Allergan, the FTC doesn’t see things quite the same way.
The practice of tweaking brand-name drugs, or “product-hopping,” can harm consumers who save billions a year through generic meds, the commission said in a statement. Product hopping could also undercut laws that allow pharmacists to automatically swap out brand-name drugs with lower-cost copycats, it added, further jeopardizing fair play.
“A company is unlikely to face potential antitrust liability if it does not take targeted steps to damage the market for the original formulation and instead allows the marketplace itself to choose between that formulation and the modified version,” the FTC said in its amicus brief.
Full content: Regulatory Affairs Professionals Society
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
FTC Urged to Enforce Rarely Used Antitrust Law Against Retail Giants
Mar 28, 2024 by
CPI
UK’s Fingleton Bolsters Team with New Additions
Mar 28, 2024 by
CPI
Britain’s Competition Regulator Clears Aviva’s Acquisition of AIG Life UK
Mar 28, 2024 by
CPI
White House Implements New AI Safeguards to Protect Rights and Safety
Mar 28, 2024 by
CPI
Denver Court Sets August Date for Kroger-Albertsons Merger Showdown
Mar 28, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Real Estate & Antitrust
Mar 27, 2024 by
CPI
Systematic National Evidence of Steering by Real Estate Agents
Mar 27, 2024 by
CPI
Compliance Now! Actionable Antitrust Advice for the Residential Real Estate Industry
Mar 27, 2024 by
CPI
Real Estate Commissions: Some Insights from the Economics of Multi-Sided Platforms
Mar 27, 2024 by
CPI
New Ideas for Promoting Real Estate Brokerage Price Competition
Mar 27, 2024 by
CPI