News & Analysis as of

Anticompetitive Behavior Generic Drugs

Barnea Jaffa Lande & Co.

Increased Enforcement in Pharmaceutical Sector: BMS and Neopharm to Pay ILS Tens of Millions for Delaying Entry of Competing Drug

The Israel Competition Authority (ICA) recently published a draft consent decree signed with the international pharmaceutical company Bristol-Myers Squibb (BMS) and the Israeli pharmaceutical distributor Neopharm. Under the...more

Patterson Belknap Webb & Tyler LLP

Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged...more

Cozen O'Connor

Suboptimal Suboxone Conduct Costs Indivior $102.5 Million

Cozen O'Connor on

A group of 42 AGs settled with Indivior Inc. to resolve allegations that the pharmaceutical company violated the Sherman Act and state antitrust laws by engaging in anticompetitive activities to impede competition from...more

A&O Shearman

[Webinar] Exclusively Life Sciences Series - CREATES Act: What we've learned so far and recommendations for the industry -...

A&O Shearman on

In late 2019, Congress enacted the “CREATES Act”, which established a private right of action in which generic or biosimilar manufacturers may sue an innovator for an injunction and monetary award for not selling samples of...more

Health Care Compliance Association (HCCA)

DOJ pursues antitrust violations in pharmaceutical industry

Compliance Today (November 2020) - An ongoing U.S. Department of Justice (DOJ) investigation into price-fixing, bid-rigging, and other antitrust behavior in the pharmaceutical industry has resulted in seven companies...more

Hogan Lovells

The Court of Justice of the European Union provides clarifications on the assessment under competition law of pay-for-delay deals...

Hogan Lovells on

On 30 January 2020, the Court of Justice of the European Union (CJEU) issued its decision on a request for preliminary ruling submitted by the UK Competition Appeal Tribunal (CAT) in a case concerning the long-standing...more

Mintz - Health Care Viewpoints

Heritage Pharmaceuticals Admits to Generic Drug Price Fixing Scheme

In the latest development in the Department of Justice (DOJ) Antitrust Division’s ongoing investigation into the generic pharmaceutical industry, Heritage Pharmaceuticals, Inc. has entered into a deferred prosecution...more

Tarter Krinsky & Drogin LLP

Protecting Against Big Pharma's Tactics for Delaying Market Entry of Generics

Branded companies make millions of dollars each day that a generic version of a drug is held from the market. Therefore, the branded companies are highly motivated to obstruct the path of generic pharma companies. For some...more

Mintz

Second Circuit Holds a Hard Switch Between Drugs Is an Unlawful Product Hop Under Section 2

Mintz on

On May 22, 2015, in a much-watched case, the Second Circuit upheld a preliminary injunction against Actavis PLC and its wholly owned subsidiary, Forest Laboratories, LLC (collectively “Actavis” or “Forest”), finding that...more

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