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FTC to Appeal Dismissal of Complaint Alleging Petition Abuse by Shire

April 16, 2018

The Federal Trade Commission plans to appeal a court’s dismissal of its complaint accusing Shire ViroPharma of abusing the citizen petition process.

The FTC filed the complaint last year, accusing the company of taking advantage of government protocols and using the petition process to stave off generic versions of its antibiotic Vancocin, forcing consumers and purchasers to pay hundreds of millions of dollars more for the product.

U.S. District Judge Richard Andrews granted the company’s motion to dismiss in March. In its notice of appeal, the FTC said it would stand by its original complaint.

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