Fifth Circuit Upholds Federal Trade Commission’s Decision in Impax Laboratories, Inc. v. Federal Trade Commission
This Bulletin is brought to you by AHLA’s Antitrust Practice Group.
- May 07, 2021
- Shaina Vinayek , Wilson Sonsini Goodrich & Rosati
On April 13, the Fifth Circuit unanimously upheld the Federal Trade Commission’s (FTC or Commission) administrative decision in Impax Laboratories Inc. v. Federal Trade Commission finding the reverse payment settlement agreement between Endo Pharmaceuticals (Endo) and Impax Laboratories LLC (Impax) violated federal antitrust laws. The case is the FTC’s first fully litigated challenge to a reverse payment deal between branded and generic drug makers since the Supreme Court’s landmark 2013 decision in FTC v. Actavis. The Fifth Circuit panel—consisting of Judges Leslie H. Southwick, Gregg J. Costa, and Stuart Kyle Duncan—found that the FTC committed no legal error in its decision against Impax and that its factual findings were supported by “substantial evidence,” rejecting Impax’s assertions that the Commission should have credited its procompetitive justifications.
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