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Cases and Proceedings

Bristol-Myers Squibb Company, In the Matter of

Bristol-Myers Squibb Company (BMS) settled charges that it engaged in illegal business practices to delay the entry of three low price generic pharmaceuticals that would be in direct competition with three of its branded drugs. The complaint alleged that BMS purposely made wrongful listings in the Orange Book of the U.S. Food & Drug Administration and that it also paid a potential competitor over $70 million to delay the entry of its generic drug. The three drugs involved in the complaint are: Taxol (containing the active ingredient paclitaxel) – used to treat ovarian, breast, and lung cancers; Platinol (containing the active ingredient cisplatin) – used for the treatment of various forms of cancer; and BuSpar (containing the active ingredient buspirone) – used to manage anxiety disorders. To prevent recurrence of Bristol's pattern of alleged improper listings, the consent order eliminates Bristol's ability to obtain a 30-month stay on later-listed patents. By denying Bristol the benefit of the 30-month stay on later-listed patents, the order would reduce Bristol's incentive to engage in improper behavior before the PTO and the FDA to obtain and list a patent for the purpose of obtaining an unwarranted automatic 30-month stay.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
0110046
Docket Number
C-4076
Apr16
Event

Health Care Information and Competition conference

This quasi-academic conference, organized by Stanford health economist Dan Kessler, brought together academics and health policy makers to examine the production of and use of health care market...
Apr15
Event

Ideas into Action: Implementing Reform of the Patent System

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The FTC, the National Academy of Sciences (NAS), and the Berkeley Center for Law and Technology co-sponsored a conference to address patent reform and how it might be implemented. The event brought...
Cases and Proceedings

RHI AG, in the Matter of

The complaint alleged that RHI violated various provisions of an FTC order issued in 2001. According to the complaint, the 2001 order was issued pursuant to a 1999 consent agreement with RHI that followed the FTC’s investigation of RHI’s acquisition of Global Industrial Technologies, Inc., and resolved concerns that the acquisition would decrease competition in North American markets for refractory bricks used to line steel-making equipment. The order, as drafted in 1999, required RHI to divest to Resco Products, Inc. two refractories plants and other assets in Canada and the United States in a manner set out in contracts between Resco and NARCO, an RHI subsidiary. However, before the order became final, the FTC determined, in 2000, that NARCO failed to divest all of the requisite assets to Resco. The complaint also charged that NARCO manufactured refractory bricks in violation of a patent license that was part of the order, and in violation of specific order language. Finally, the complaint asserted that NARCO modified the settlement agreement with Resco without FTC approval. Under the terms of the final judgment, RHI agreed to pay a civil penalty of at least $650,000 for the violations and to conduct asbestos remediation at a divested plant.
Type of Action
Administrative
Last Updated
FTC Matter/File Number
0210105
Docket Number
C-4005
Feb17
Event

FTC/DOJ Joint Workshop on Merger Enforcement

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This three-day workshop brought together prominent practitioners, academics and enforcement officials to discuss the Horizontal Merger Guidelines. The workshop explored state-of-the-art application of...

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