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Federal Trade Commission and Justice Department Issue Joint Statement to Preserve Competition in Post-Hurricane Relief Efforts
Dissenting Statement of Commissioners Noah Joshua Phillips and Christine S. Wilson Regarding the Issuance of Eight Omnibus Resolutions
Open Commission Meeting – September 15, 2021
FTC Announces Tentative Agenda for September 15 Open Commission Meeting
FTC Staff Opinion with Respect to Doylestown Health Physicians
FTC Fines Capital One CEO Richard Fairbank for Repeatedly Violating Antitrust Laws
FTC Alleges Facebook Resorted to Illegal Buy-or-Bury Scheme to Crush Competition After String of Failed Attempts to Innovate
Public Access to Illumina/Grail Trial Provided via Teleconference Due to ongoing COVID-19 Concerns
FTC Staff Comment to the Board of Governors of the Federal Reserve System, in Docket No. R-1748, RIN 7100-AG15, Debit Card Interchange Fees and Routing
FTC Urges Federal Reserve Board to Require Debit Card Gatekeepers to Compete Fairly
Broadcom Incorporated; Analysis of Agreement Containing Consent Order To Aid Public Comment
Statement of FTC Office of Public Affairs Director Lindsay Kryzak on District Court’s Decision to Grant Preliminary Injunction Halting New Jersey Hospital Merger
FTC Adjusts its Merger Review Process to Deal with Increase in Merger Filings
Federal Trade Commission Withdraws Remaining Case against AbbVie after Supreme Court Decision Strips Consumers of Relief
AbbVie Inc., et al.
The FTC filed a complaint in federal district court in September 2014 charging that AbbVie Inc. and its partner Besins Healthcare Inc. illegally blocking American consumers’ access to lower-cost alternatives to Androgel by filing baseless patent infringement lawsuits against potential generic competitors. In a June 2018 decision, the U.S. District Court for the Eastern District of Pennsylvania ruled that AbbVie used sham litigation to illegally maintain its monopoly over the testosterone replacement drug Androgel, and ordered $448 million in monetary relief to consumers who were overcharged for Androgel as a result of AbbVie’s conduct.
In September 2020, the Third Circuit affirmed the district court’s finding of liability on the FTC’s sham litigation claim, and reinstated the reverse payment claim, two important legal victories that protect competition in pharmaceutical markets.
While handing the Commission important legal victories, the Third Circuit reversed the district court’s nearly half-billion dollar monetary judgment for consumers, holding that the FTC is not entitled to disgorgement under 13(b) of the FTC Act. This determination was effectively affirmed by the Supreme Court’s decision in AMG Capital Management v. FTC.
Since the initial filing of the lawsuit, generic AndroGel products have entered the market, so that patients now benefit from competition among multiple suppliers. AbbVie and Teva are also now subject to Commission orders preventing them from entering into certain reverse-payment settlements. On July 30, 2021, the Commission announced that it has withdrawn its reverse-payment claim from federal district court, ending its litigation against AbbVie.
Displaying 501 - 520 of 4438