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In an action that suggests how the FTC might view other mergers of drug companies with competing preclinical research programs for rare diseases, the commission has closed its investigation into Genzyme’s 2001 acquisition of Novazyme Pharmaceuticals.
The increasing number of so-called “authorized generics” coming to market could attract the attention of federal antitrust regulators, according to pharmaceutical industry experts.
The FTC’s recent ruling that Schering-Plough and several generic firms forged anticompetitive pacts in the 1990s sends a message to drugmakers contemplating similar agreements, though some experts say such deals are no longer in favor in the industry.
Agreements forged in the 1990s between Schering-Plough and two potential generic competitors to settle patent disputes violated antitrust laws by delaying generic competition, according to an FTC ruling last month.
Pharmaceutical firms entering into settlement agreements over generic versions of brand drugs must now inform federal antitrust authorities once a deal is reached.
Pharmaceutical firms must now inform federal antitrust watchdogs when they settle disputes over the launch of generic versions of brand drugs. The Federal Trade Commission (FTC) yesterday published a reminder to drugmakers that they have only 10 business days after reaching an agreement to file a copy with the commission and the Justice Department.
An FTC ruling in December that agreements between Schering-Plough and a pair of generic competitors were anticompetitive sends a message to pharma firms contemplating similar deals, with some experts saying such agreements may no longer be in favor in the industry.
The FTC will take no action against Biovail, closing its inquiry into the firm’s Orange Book patent listings for the blood pressure products Teveten and Teveten HCT, Biovail announced Dec. 22.