Jury Verdict in In re Opana ER Antitrust Litigation
This Bulletin is brought to you by AHLA’s Antitrust Practice Group.
- August 11, 2022
- Kristen O’Shaughnessy , White & Case LLP
- Jaclyn Phillips , White & Case LLP
On July 1, 2022, a jury in the Northern District of Illinois returned a verdict in favor of defendants Endo Pharmaceuticals Inc. and Endo Health Solutions Inc. (together Endo), in the In re Opana ER Antitrust Litigation. The case concerned so-called “reverse payment” claims, the framework for which the Supreme Court set out in its 2013 decision in FTC v. Actavis. While the jury found that brand manufacturer Endo had market power for the brand name drug Opana ER, and that Endo’s agreements with generic manufacturer Impax Laboratories, Inc. (Impax) contained a reverse payment, the jury determined that the agreements between the companies were not unreasonably anticompetitive.
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