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FTC Sues Endo, Impax For Agreements To Reduce Competition

By  |  January 26, 2021
FTC

The US Federal Trade Commission (FTC) announced on Monday, January 25, that it has filed a lawsuit against Endo Pharmaceuticals and Impax Laboratories that alleges a 2017 agreement eliminated competition between the companies for the pain medicine oxymorphone ER, reported Reuters.

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    In addition to Endo Pharmaceuticals and Impax Laboratories, the lawsuit names as defendants Endo International and Impax’s owner, Amneal Pharmaceuticals, the agency stated.

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    The US Food and Drug Administration had asked Endo in June 2017 to pull its extended-release oxymorphone product off the market because of concerns that it was vulnerable to intravenous abuse, the FTC stated.

    That left Impax’s generic extended-release version of the medicine alone on the market. Rather than reformulate its drug, Endo struck a deal with Impax in August 2017 to refrain from re-entering the market, the FTC stated.

    “The agreement eliminated potential competition from Endo by sharing Impax’s monopoly profits, with Endo in the role of a potential entrant paid to stay out of the market,” the FTC said in a statement.

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