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Impax Laboratories, Inc., In the Matter of

9373 | Federal Trade Commission

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Filed Jan. 23, 2017
Case Flags Competition, Nonmerger, pay for delay, Health Care, and Prescription Drugs
FTC Matter/File Number 141 0004
Case Summary
The FTC's administrative complaint against Impax charges that in 2010, Impax and Endo Pharmaceuticals Inc. illegally agreed that Impax would not compete by marketing a generic version of Endo’s Opana ER until January 2013. In exchange, Endo paid Impax more than $112 million.

Endo agreed to settle these charges in a stipulated order entered in federal court. See FTC v. Allergan plc, and Watson Laboratories, Inc. et al.

The Commission’s 2019 opinion held that the FTC staff had proven that the agreement between Impax and Endo Pharmaceuticals Inc. violated Section 5 of the Federal Trade Commission Act. The Commission’s opinion reversed Chief Administrative Law Judge D. Michael Chappell’s initial decision .

In April 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Commission’s opinion.
Case Type Administrative
Status Closed
Last Updated: 2 days, 22 hours ago
Filing Date # Docket Text