Tweaking Brand-Name Drugs Can Hurt Competition, FTC Says

Law360, New York (November 27, 2012, 3:38 PM EST) -- The Federal Trade Commission has told the Pennsylvania federal court considering a consolidated antitrust suit against Warner Chilcott PLC that minor, nontherapeutic changes to a branded drug can represent exclusionary conduct and harm competition from generics makers, the agency said Tuesday.

In an amicus brief, the FTC said that “product hopping,” a term used to describe modest drug reformulations that have little or no therapeutic value, is a strategy sometimes used by brand-name pharmaceutical companies to thwart generic-drug competition. The brief came in response to Mylan...
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