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Case Detail


In re Perrigo/Paddock Consent Agreement
On August 25, 2011, WLF filed formal comments with the Federal Trade Commission (FTC), urging it to withdraw its proposed Consent Agreement with two drug companies that the FTC accuses of violating antitrust law. The two companies are seeking to merge. WLF charged that the FTC is violating its statutory mandate by using its authority over mergers as a means of controlling the terms of patent litigation settlements entered into by drug companies. The FTC is doing all it can to prevent settlement of drug patent litigation, reasoning that consumers benefit when patent lawsuits go to trial and the patent is declared invalid, thereby permitting generic drug makers to market their lower-priced products more quickly. WLF responded that the federal courts have largely rejected the FTC position that “reverse payment” settlements violate the antitrust laws, and that the FTC should not be permitted to impose its position by administrative fiat in the absence of evidence of harm to consumers.
Case Status:
FTC to decide whether to make Consent Agreement final.
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