Commission Approves Filing of Joint Amicus Brief with DOJ on Direct Purchaser Antitrust Issues

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Commission approval of joint amicus brief filing: The Commission has approved the filing of a joint amicus brief with the U.S. Department of Justice in the matter of DDAVP Direct Purchaser Antitrust Litig., No. 06-5525 (2nd Cir.). The case concerns whether direct purchasers of the brand-name prescription drug DDAVP lacked antitrust standing to bring monopolization claims against defendant drug manufacturers arising out of the manufacturers’ enforcement of a patent allegedly procured through intentional fraud on the Patent and Trademark Office (a so-called “Walker Process” antitrust claim).

The Commission vote to approve the filing of the joint amicus brief was 4-0, with Chairman Deborah Platt Majoras recused. It was filed with the U.S. Court of Appeals for the Second Circuit on May 25, 2007. (FTC File No. P072124; the staff contact is Imad Dean Abyad, Office of the General Counsel, 202-326-2375).

Copies of the documents mentioned in this release are available from the FTC’s Web site at and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

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