Court Enters Final Order Settling FTC’s Charges Against Drug Company Warner Chilcott
Client Alert | 1 min read | 10.25.06
On October 24, 2006, the U.S. District Court entered a final order settling FTC’s charges that the agreement between Warner Chilcott, manufacturer of the prescription birth control pill Ovcon, and Barr Laboratories unlawfully delayed entry of Barr’s generic version of the drug to the market. According to the terms of the settlement, Warner Chilcott must: 1) refrain from entering into agreements with generic pharmaceutical companies in which the generic agrees not to compete with Warner Chilcott and there is either a supply agreement between the parties or Warner Chilcott provides the generic with anything of value and the agreement adversely effects competition; 2) notify the FTC whenever it enters into supply or other agreements with generic pharmaceutical companies; and 3) for three months, take interim steps to preserve the market for the tablet form of Ovcon in order to provide Barr the opportunity to compete with its generic version. The FTC will continue to prosecute its case against Barr.
Click for more information on the FTC’s settlement with Warner Chilcott.
Insights
Client Alert | 4 min read | 08.25.26
DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision
Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert.
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