Warner Chilcott Succeeds With Free Sample Defense

Law360, New York (November 30, 2007, 12:00 AM EST) -- Brand pharmaceutical companies often give out free samples as a way to gain customers and increase their share of the market. Now, those companies are learning that free samples may also be an effective defense against certain antitrust charges.

In a string of recent cases involving Warner Chilcott Ltd.'s oral contraceptive Ovcon 35, defense attorneys argued that Warner Chilcott's exclusive supply agreement with generic drug maker Barr Pharmaceuticals Inc. could not be anti-competitive because they were giving away so many free samples.

“According to defendants and...
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