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Riddles and Lessons from the Prescription Drug Wars: Antitrust Implications of Certain Types of Agreements Involving Intellectual Property
Abbott Laboratories, In the Matter of
Abbott and Geneva Pharmaceuticals settled charges that the two firms entered into an illegal agreement to stop the marketing and development of a competing generic drug. According to the complaint, Abbott, manufacturer of Hytrin – the brand name for terazosin HCL, a prescription drug used to treat hypertension and benign prostatic hyperplasia, entered into an agreement with Geneva Pharmaceuticals whereby Abbott would pay Geneva millions of dollars not to market a generic version of Hytrin. The orders bars Abbott and Geneva, among other things, from entering into agreements in which a generic company agrees with a manufacturer of a branded drug to delay or stop the production of a competing drug.
Texas Surgeons, P.A.; Austin Surgical Clinic Association, P.A.; Central Texas Surgical Associates, P.A.; Surgical Associates of Austin, P.A.; Austin Surgeons, P.L.L.C.; Bruce McDonald & Associates, P.L.L.C.; and Capital Surgeons Group, P.L.L.C
General surgeons and six competing general surgery practice groups in the Austin, Texas area settled charges that they collectively refused to deal with two health plans, forcing the plans to accept the surgeons’ demands to raise surgical rates.
Wisconsin Chiropractic Association, The, and Russell A. Leonard, In the Matter of
The Wisconsin Chiropractic Association and its executive director, Russell A. Leonard, settled charges that they conspired to fix the prices for chiropractic goods and services and to boycott third party payers in an attempt to obtain higher reimbursement rates for services and contracts in the La Crosse, Wisconsin area.
Puerto Rico Dental Association Agrees to Settle FTC Charges of Price Fixing, Boycotting Providers, and Restraining Truthful Advertising by Members
FTC Charges Drug Manufacturers with Stifling Competition in Two Prescription Drug Markets
Wisconsin Chiropractic Association and Its Director Agree to Settle FTC Charges of Price-Fixing
Tenet Healthcare Corporation, Inc., and Poplar Bluff Physicians Group, Inc. d/b/a Doctors Regional Medical Center, FTC and State of Missouri
The FTC authorized its staff to file a motion for a preliminary injunction to block the proposed acquisition of Doctors Regional Medical Center in Poplar Bluff, Missouri. On July 30, 1998, the U.S. District Court for the Eastern District of Missouri granted the Commission's motion for the injunction. Tenet filed a notice of appeal in the Eighth Circuit on August 10, 1998. An administrative complaint was issued August 20, 1998 charging that the proposed merger of the only two general hospitals in Poplar Bluff would not only eliminate price, cost and quality competition but would also put consumers at risk of paying more for health care. In December 1999, the Commission dismissed the administrative complaint after the Eighth Circuit reversed the district court's decision and denied Commission’s petition for a rehearing en banc.
SNIA S.p.A, In the Matter of
Final order settles charges that Sorin Biomedica S.p.A.'s acquisition of COBE Cardiovascular, Inc. would eliminate competition in the United states market for research, development, manufacture and sale of heart-lung machines. The order permits the acquisition and requires the divestiture of COBE's heart-lung machine business to Baxter Healthcare Corporation
North Lake Tahoe Medical Group, Inc.
Physicians practicing in the North and South Lake Tahoe areas settled charges that they conspired to fix the prices and terms for professional services. The consent order prohibits the IPA from engaging in collective negotiations to fix prices; refusing to deal with third party payers; and coercing payers into accepting PA fee schedules and minimum reimbursement rates.
Prepared Statement of the Federal Trade Commission Concerning H.R. 1304 the "Quality Health-Care Coalition Act of 1999"
FTC Chairman Tells House Judiciary Committee Doctor Collective Bargaining Bill Would Be Bad Medicine for Consumers
Zeneca Group PL
Consent order, resolving antitrust concerns relating to Zeneca's merger with Astra AB requires the divestiture of all assets relating to levobupivacaine, a long-acting local anesthetic. The assets were sold to Chiroscience Group plc, the developer of levobupivacaine.
Medtronic, Inc.
Medtronic agreed to divest Avecor Cardiovascular, Inc.'s non-occlusive arterial pump assets to settle antitrust concerns that the acquisition would lessen competition for the research, development, manufacture and sale of the pumps in the United States. The order requires Medtronic to provide assistance to the buyer of the Avecor Pump assets to enable the buyer to obtain FDA approval to manufacture and market the Avecor pumps an reservoirs.
Doan's Pills Must Run Corrective Advertising: FTC Ads Claiming Doan's Is Superior In Treating Back Pain Were Unsubstantiated
Announced Actions for May 20, 1999
Mesa County Physicians Independent Practice Association, Inc.
A Colorado physicians' organization settled charges alleging that the Mesa County IPA conspired with its members to increase prices for physician services and thereby prevented third party payers such as preferred provider organizations, health maintenance organizations, and employer health care purchasing cooperatives from offering alternative health insurance programs to consumers in Mesa County.
Creation of Community Pharmacy Network as Proposed Not Likely to Restrain Competition, FTC Staff Advises
Announced Actions for May 4, 1999
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