Antitrust & Competition Policy Blog

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

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Friday, November 19, 2004

Mylan sues Proctor&Gamble and Watson for antitrust violations in the generic drug market

From today's FDA Week:

"Generic drug company Mylan has again filed suit against Procter & Gamble and fellow generic company Watson Pharmaceuticals, this time citing antitrust violations. The new suit alleges that P&G and Watson conspired to keep Mylan from using its 180-day market exclusivity for the generic drug Macrobid. The lawsuit filed in the U.S. District Court for the Northern District of West Virginia also blames FDA for stifling generic competition by nullifying the benefits of a 180-day exclusivity award granted to the first generic on the market.

"Mylan is asking the judge to find that the agency violated the Federal Food, Drug and Cosmetic Act and the Administrative Procedure Act. Mylan also wants the judge to stop P&G from marketing its drug and pay treble damages for losses."

A copy of the complaint is available y searching on the website insidehealthpolicy.com

http://lawprofessors.typepad.com/antitrustprof_blog/2004/11/mylan_sues_proc.html

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