Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Wednesday, November 3, 2004

Antitrust issues among generic drug makers

The Second Circuit's decision two weeks ago in Geneva Pharmaceuticals v. Barr Labs, 2004 WL 2334907 (2nd Cir 2004), illustrates the anticompetitive concerns among generic drug makers. At issue was the market for a blood thinner medication and exlusive contractual arrangements between Barr Labs, an established manufacturer of a generic version of the drug, and ACIC/Brantford, a Canadian chemical company that provided a key ingredient to the drug. While the lower court dismissed Geneva Labs' antitrust claims, the Second Circuit held that the court had defined the market too broadly and should have considered only the generic drug market and not the generic and branded market together.

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