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Jul01

Open Commission Meeting – July 1, 2021

Agenda items: Made in the USA Rule, Section 18 Rulemaking Procedures, “Statement of Enforcement Principles Regarding ‘Unfair Methods of Competition’ Under Section 5 of the FTC Act” (2015), and...

Impax Laboratories, Inc., In the Matter of

The FTC's administrative complaint against Impax charges that in 2010, Impax and Endo Pharmaceuticals Inc. illegally agreed that Impax would not compete by marketing a generic version of Endo’s Opana ER until January 2013. In exchange, Endo paid Impax more than $112 million.

Endo agreed to settle these charges in a stipulated order entered in federal court. See FTC v. Allergan plc, and Watson Laboratories, Inc. et al.

The Commission’s 2019 opinion held that the FTC staff had proven that the agreement between Impax and Endo Pharmaceuticals Inc. violated Section 5 of the Federal Trade Commission Act. The Commission’s opinion reversed Chief Administrative Law Judge D. Michael Chappell’s initial decision.

In April 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Commission’s opinion.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
141 0004
Docket Number
9373
Case Status
Closed

Benco/Schein/Patterson, In the Matter of

The Federal Trade Commission issued an administrative complaint alleging that Benco, Henry Schein and Patterson, the nation's three largest dental supply companies, violated U.S. antitrust laws by conspiring to refuse to provide discounts to or otherwise serve buying groups representing dental practitioners. These buying groups sought lower prices for dental supplies and equipment on behalf of solo and small-group dental practices seeking to gain discounts by aggregating and leveraging the collective purchasing power and bargaining skills of the individual practices. The complaint also alleges an FTC Act Section 5 violation against Benco for inviting a fourth competing distributor to join the conspiracy.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
151 0190
Docket Number
9379
Case Status
Closed