Ranbaxy: Court Recognizes Fraud-On-The-FDA Antitrust Claim

Law360, New York (June 27, 2016, 11:10 PM EDT) -- The pharmaceutical sector is no stranger to major antitrust actions. Numerous cases focus on drug companies' efforts to preserve exclusivity periods — time periods when the patent laws or drug regulations prevent the sale of competing generic products. In a variant of these "generic suppression" cases, the plaintiffs in Meijer Inc. v. Ranbaxy Inc., Case No. 15-cv-11828 (NMG) (D. Mass.) assert that a manufacturer violated the Sherman Act by allegedly obtaining an exclusivity period through fraudulent submissions to the U.S. Food and Drug Administration. In a significant expansion of antitrust jurisprudence, Magistrate Judge M. Page Kelley sided with plaintiffs, and recommended the denial of a motion to dismiss....

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