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Public Statement

Report from the Bureau of Competition

Date
I. Introduction I appreciate the opportunity to present this overview of developments at the Bureau of Competition over the last twelve months. (1) I have the distinct honor of succeeding Rich Parker...

Mylan Laboratories, Inc., Cambrex Corporation, Profarmaco S.R.I., and Gyma Laboratories of America, Inc.

Complaint filed in the U.S. District Court for the District of Columbia charged Mylan with restraint of trade, monopolization and conspiracy to monopolize the market for two generic drugs used to treat anxiety, lorazepam and clorazepate, through exclusive dealing arrangements.  The Commission alleged that Mylan, Gyma Laboratories of America, Inc., Cambrex Corporation and Profarmaco S.R.L. conspired to deny Mylan’s competitors ingredients necessary to manufacture lorazepam and 40 clorazepate. The complaint sought consumer redress of at least $120 million and to enjoin the alleged illegal exclusive licensing agreements. The district court upheld the Commission’s authority to seek restitution in antitrust injunction actions under Section 13(b).  The Commission approved a $100 million settlement. The opinion settled Commission concerns that Mylan, Gyma Laboratories of America, Inc., Cambrex Corporation and Profarmaco S.R.L. conspired to deny Mylan’s competitors ingredients necessary to manufacture lorazepam and 40 clorazepate. On February 1, 2002, the court granted approval to a plan of distribution to injured consumers who paid the increased prices and state agencies, including Medicaid programs, that purchased the drugs while the illegal agreements were in effect. The funds were distributed by the states.

Type of Action
Federal
Last Updated
FTC Matter/File Number
9810146
Public Statement

Antitrust Economics: Three Cheers and Two Challenges

Date
People who labor in and around the law are naturally wary of commentary that begins with praise. They have learned, for example, that appellate court opinions that start with references to the...
Public Statement

"The Nature and Limits of Restructuring in Merger Review"

Date
A. Introduction. In recent years, the enforcement agencies in their merger review have been offered more ambitious and complicated restructuring proposals to address overlaps and other potential anti...