FTC Loses Assault On Shire Unit's Serial FDA Petitions

Law360 (March 20, 2018, 8:17 PM EDT) -- The Federal Trade Commission on Tuesday lost its first-ever legal assault on drugmaker efforts to delay generic competition by constantly petitioning the U.S. Food and Drug Administration, even as a Delaware federal judge identified potential antitrust violations by Shire PLC unit ViroPharma Inc.

The commission's loss stemmed from procedural problems with its suit, which accused ViroPharma of violating the FTC Act several years ago by inundating the FDA with dozens of sham citizen petitions and comments. In a ruling on Tuesday, U.S. District Judge Richard G....
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Case Title

Federal Trade Commission v. Shire ViroPharma Inc.


Case Number

1:17-cv-00131

Court

Delaware

Nature of Suit

Anti-Trust

Judge

Richard G. Andrews

Date Filed

February 7, 2017

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