Bristol-Myers Squibb Company

Last Updated:
Federal Trade Commission, Plaintiff, v. Bristol-Myers Squibb Company, Defendant
FTC Matter/File Number:

0610235

Docket Number:

C-4076

Civil Action Number:

109-CV-00576

Enforcement Type:

Civil Penalty (Order Violation)

Federal Court:
District of Columbia

Case Summary

Drug maker Bristol-Myers Squibb Company (BMS) agreed to pay $2.1 million – the largest fine allowed by law – for failing to inform the FTC of agreements reached with Apotex, Inc., regarding potential generic competition to its blockbuster drug Plavix. BMS’s conduct violated a 2003 FTC Order and the Medicare Modernization Act, which requires that certain drug company agreements be accurately reported to both the Commission and the U.S. Department of Justice. The complaint alleges that BMS failed to disclose that, as part of a patent settlement in which Apotex agreed not to launch its generic version of Plavix for several years, BMS also orally stated, among other things, that it would not compete with Apotex during the first 180 days after Apotex did market its new generic drug.