DC appeals court dismisses FTC case against Endo and Impax's opioid agreement
The US Court of Appeals for the District of Columbia Circuit on Friday dismissed a case brought by the Federal Trade Commission against Endo Pharmaceuticals and Impax Laboratories, affirming a lower court ruling that rejected the commission’s claims that the competitor companies created an exclusionary agreement around the opioid Opana ER (oxymorphone extended release).
The court ruled that the 2017 agreement between Endo and Impax is nothing more than a standard exclusive license and that the FTC failed to explain how the companies engaged in anticompetitive conduct.
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