Drug Industry Faces Vast Antitrust Probe

Law360, New York (March 30, 2006, 12:00 AM EST) -- As part of a wide probe into anticompetitive practices in the prescription drug industry, the Federal Trade Commission will subpoena nearly 200 pharmaceutical companies to determine whether they are stifling competition by releasing authorized generics of brand-name drugs to stave off generic challengers made by competitors.

Under the Hatch-Waxman Act, the first generic maker to challenge patents on a drug wins six months of exclusive marketing rights. After the exclusivity period expires, other challengers can seek approval for generic versions.

But under "authorized generics" agreements, a...
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