Federal regulators announced that Teva Pharmaceuticals
will pay $1.2 billion to settle charges that one of its
subsidiaries illegally blocked the launch of low-cost generic versions
of the blockbuster sleeping pill Provigil.
Thursday's settlement stems from charges brought in 2008 against Cephalon Inc., acquired by Teva. The FTC alleged that Cephalon paid four generic firms more than $300 million to delay launching their low-cost versions of Provigil drugs until 2012. Provigil is approved to treat excessive sleepiness and posted U.S. sales exceeding $1 billion in 2008, accounting for about half of Cephalon's sales that year.
The $1.2 billion fee from Teva would be paid to pharmacies, insurers,
wholesalers and other businesses. The settlement agreement also
bars Teva from entering into similar reverse settlement deals.
In 2013, the Supreme Court ruled in a key case that reverse
settlement agreements can run afoul of federal antitrust laws, and
therefore be challenged in court.
"Today's landmark settlement is an important step in the FTC's ongoing
effort to protect consumers from anticompetitive pay for delay
settlements, which burden patients, American businesses, and taxpayers
with billions of dollars in higher prescription drug costs. Teva Pharmaceuticals Industries Limited is the world's largest generic drug maker.
Open the door for generic medications from Canada and most of these scams will disappear. Just a thought.