Shire ViroPharma on Monday hammered a Federal Trade Commission antitrust suit over alleged abuse of the US Food and Drug Administration’s citizen petition process to delay generic competition, calling it procedurally improper and an affront to constitutional rights.
US District Judge Richard Andrews in Wilmington, Delaware on Tuesday ruled the FTC had not met a prerequisite for bringing a lawsuit seeking an injunction in the first place by showing that Shire ViroPharma Inc was about to violate a law.
It was unclear if the FTC would seek to revise its lawsuit, which Andrews said he would allow. The FTC and Dublin-based Shire did not immediately respond to requests for comment on Wednesday.
In its lawsuit, the regulator alleged that ViroPharma, which Shire acquired in 2014, had from 2006 to 2012 filed repeated and unsupported filings with the US Food and Drug Administration to slow approval of generic competitors to Vancocin.
The FTC said ViroPharma, which acquired the drug’s rights from Eli Lilly in 2004, began filing petitions with the FDA in 2006 when the agency set a streamlined procedure for proving that generic rivals were the same chemically as Vancocin.
Full Content: Reuters
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
Nvidia and Microsoft Sued for Allegedly Undercutting AI Technology Patent Prices
Sep 5, 2024 by
CPI
White & Case Strengthens Antitrust and M&A Practices with New Partner Additions
Sep 5, 2024 by
CPI
Federal Judge Dismisses Antitrust Lawyers’ Fee Demand Over JetBlue-Spirit Deal
Sep 5, 2024 by
CPI
Boston Landlords Named as US Sues RealPage Over Alleged Rent-Inflating Practices
Sep 5, 2024 by
CPI
Judge to Weigh Landmark NCAA Settlement Proposal in Antitrust Lawsuit
Sep 5, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Canada & Mexico
Sep 3, 2024 by
CPI
Competitive Convergence: Mexico’s 30-Year Quest for Antitrust Parity with its Northern Neighbor
Sep 3, 2024 by
CPI
Competition and Digital Markets in North America: A Comparative Study of Antitrust Investigations in Mexico and the United States
Sep 3, 2024 by
CPI
Recent Antitrust Development in Mexico: COFECE’s Preliminary Report on Amazon and Mercado Libre
Sep 3, 2024 by
CPI
The Cost of Making COFECE Disappear
Sep 3, 2024 by
CPI