Pharmaceutical Antitrust Litigation
The Blanch Law Firm has a distinguished track record representing companies, individuals and organizations in antitrust matters. Our attorneys handle government investigations, compliance proceedings, and enforcement actions in a manner that does the most for our clients.
Antitrust Attorneys at The Blanch Law Firm take a proactive approach, instituting an immediate internal investigation into these complex antitrust actions, thereby positioning a client facing litigation with federal agencies in the best possible way. This is because Ryan Blanch, the firm’s founder, personally assigns a team of six attorneys to each case for a single-minded approach that has only one goal in mind: to win for the client.
With the new administration of President Obama, the business world is facing unprecedented enforcement of antitrust law. Everyone doing business domestically in the U.S. will be affected. Individuals, corporations, and their boards of directors and rs, are facing increased risk of conducting “big business” enterprises because that is the world in which Sherman Antitrust Act violations arise.
Legal experts agree that because of political problems arising out of the national debate over universal healthcare, including insurance and medical coverage isues, the government will be heightening scrutiny of “big business” conduct in the healthcare industry, especially for pharmaceutical products.
Unfair competition between manufacturers of “brand name” and generic pharmaceuticals has existed for some time. But violations of the prohibition against unfair competition are now being more vigorously enforced.
The Cephalon Case: In its most recent prosecution, the Federal Trade Commission (FTC) charged drug manufacturer, Cephalon, with paying competitors from producing a generic version of Provigil, which fights narcolepsy and sleep apnea disorder. Simply put, Cephalon, was manufacturing “brand-name” drugs and seeking to prevent generic drugs makers from competing. Its conduct was a violation of the antitrust prohibition against pay for delay” agreements between drug companies. Cephalon’s business practice was a classic example of a “brand name” pharmaceutical manufacturer getting a generic drug manufacturer to postpone entry of the generic onto the market, thereby boosting “brand name” profits while the going was good. Cephalon was forced to pay heavy monetary penalties for engaging in an “obviously anticompetitive agreement,” in the words of FTC Commissioner Jon Leibowitz.
Although in Cephalon, the government made good use of Section 5 of the Federal Trade Commission Act (FTCA), which prohibits “unfair methods of competition,” additional legislation is being proposed in Congress to prohibit the kind of “pay for delay” tactics engaged in by Cephalon. The proposed legislation is in line with a commitment by the Executive Branch, which indicated its commitment to prevent “anti-competitive agreements that artificially retard the entry of generic pharmaceuticals onto the market.”
There can be no doubt that antitrust enforcement in generic drug and healthcare competition will be vigorous during the next four years of the Obama administration.
The Blanch Law Firm advises and defends individuals and organizations in antitrust actions. Our experienced attorneys help clients navigate treacherous legal waters flowing from government investigations, civil litigation, or prosecutions that require a strategic and team-oriented approach to criminal defense. And our attorneys have extensive experience negotiating settlements favorable to clients, providing them with substantial savings in terms of costs-monetary fines and criminal penalties-that are preventable through good lawyering.