Federal Trade Commission
04/13/2021 | Press release | Distributed by Public on 04/13/2021 14:25
Impax Laboratories, Inc., In the Matter of
Impax Laboratories, Inc., In the Matter of
Last Updated: April 13, 2021
Case Status:
Closed
In the Matter of Impax Laboratories, Inc., a corporation.
FTC Matter/File Number:
141 0004
Docket Number:
9373
Case Summary
The FTC's administrative complaint against Impax charges that in 2010, Impax and Endo Pharmaceuticals Inc. illegally agreed that Impax would not compete by marketing a generic version of Endo's Opana ER until January 2013. In exchange, Endo paid Impax more than $112 million.
Endo agreed to settle these charges in a stipulated order entered in federal court. See FTC v. Allergan plc, and Watson Laboratories, Inc. et al.
The Commission's 2019 opinion held that the FTC staff had proven that the agreement between Impax and Endo Pharmaceuticals Inc. violated Section 5 of the Federal Trade Commission Act. The Commission's opinion reversed Chief Administrative Law Judge D. Michael Chappell's initial decision.
In April 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Commission's opinion.