Brief of Amicus Curiae by Open Markets Institute in Support of Respondent in Impax Laboratories Incorporated v. Federal Trade Commission
December 16, 2019
On December 16, 2019, the Open Markets Institute filed an amicus curiae brief in the Fifth Circuit Court of Appeals in support of the Federal Trade Commission (FTC) in its suit against generic drug maker Impax Laboratories.
In a March 2019 decision, the FTC unanimously found Impax guilty under the FTC Act for accepting consideration worth tens of millions of dollars from Endo Pharmaceuticals in exchange for postponing entry into the market for an extended-release opioid, Opana ER. This collusion lets both companies profit at the expense of countless patients. Impax’s actions violated antitrust law, and its petition for review of the FTC’s ruling should be denied.
The Supreme Court has consistently ruled that collusion among rivals is illegal. The FTC and scholars have found that pay-for-delay agreements cost patients and the public billions of dollars annually.