Impax Can't Use 'Unrelated Benefits,' AGs Tell 5th Circ.

Law360 (December 17, 2019, 6:59 PM EST) -- Two dozen state attorneys general backed the Federal Trade Commission at the Fifth Circuit in an amicus brief Monday arguing Impax Laboratories shouldn't be able to upend an FTC order finding that the company's deal to delay its generic version of an opioid pain medication violated antitrust law.

The attorneys general of 23 states and the District of Columbia filed one of five amici briefs Monday backing the FTC as it fights to defend the agency's first fully litigated challenge to a settlement between branded- and generic-drug makers since the Supreme Court's landmark 2013 decision in the Actavis case. In Actavis, the justices...

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