Abbott Laboratories is currently fighting antitrust allegations relating to two of its best-selling drugs: Norvir, a protease inhibitor used in AIDS treatment, and Hytrin, a drug used to treat enlarged prostate and hypertension. Last week the Wall Street Journal ran a cover story on the Norvir case entitled "Inside Abbott’s Tactics to Protect AIDS Drug." …

People in academia seem more interested lately in the activities of the pharmaceutical industry.  Kyle Jensen, a Research Affiliate at the Harvard-MIT Division of Health Sciences & Technology, and C. Scott Hemphill, an Associate Professor of Law at Columbia, recently contacted me and let me know about their work. Dr. Jensen and his group analyzed…

The plaintiffs in In re: Taxmoxifen Citrate Antitrust Litigation (who include pharmaceutical consumers, third party payors, and a health care advocacy group) have filed a Petition for Writ of Certiorari asking the Supreme Court to review the Second Circuit’s decision affirming the dismissal of this antitrust case.  The plaintiffs alleged antitrust violations based on a…

A group of pharmacies led by Walgreen Co. recently filed suit in the U.S. District Court for the District of Columbia, alleging that Astra Zeneca (AZ) illegally monopolized the market for its proton pump inhibitor drugs Prilosec, Nexium, and their AB-rated generic equivalents, by engaging in a scheme to convert the prescription drug market for Prilosec…

The FTC and Warner Chilcott have settled antitrust charges alleging anticompetitive behavior involving Warner Chilcott’s popular birth control drug Ovcon 35.  The FTC filed the case to nullify a non-compete agreement between Warner Chilcott and Barr Laboratories that would have prevented Barr from launching a generic version of Ovcon 35 until May, 2009.  According to…

Faced with Barr Labs’ impending launch of a generic version of Warner Chilcott’s oral contraceptive Ovcon 35, Warner Chilcott recently stopped shipping Ovcon 35 and tried to convert the market to its new product, Ovcon Chewable.  There are no generic versions of Ovcon Chewable, so if Warner Chilcott could convert the entire market to its…

Barr Pharmaceuticals announced in a press release yesterday that the 2nd Circuit Court of Appeals has denied the plaintiffs’ petitions for rehearing and rehearing en banc of its decision affirming the U.S. District Court for the Eastern District of New York’s dismissal of this antitrust case. The case involves a $21 million "reverse payment" from…

FTC Commissioner Jon Leibowitz testified yesterday before the Senate Special Committee on Aging, stating that there continue to be competitive problems in pharmaceutical markets.  The FTC released its prepared statement, which included discussion of: anticompetitive patent litigation settlements (such as reverse payment settlements) between brand pharmaceutical manufacturers and generic competitors; how brand companies have used…

Generic drug-maker Apotex filed a complaint on June 26, 2006 in the U.S. District Court for the Eastern District of Pennsylvania accusing Cephalon Inc. and its licensees, generic drug-makers Barr Laboratories, Mylan Laboratories, Teva Pharmaceuticals, and Ranbaxy Laboratories, with monopolization under the Clayton Act and the Sherman Act, and intent to monopolize under the Sherman…