Cephalon Sued For Delaying Generic Competition

Law360, New York (May 16, 2006, 12:00 AM EDT) -- Drug maker Cephalon Inc.’s attempts to stave off generic competition for its narcolepsy drug Provigil has landed it in the middle of a class action antitrust lawsuit, along with six of its competitors.

The suit, filed by the Pennsylvania Turnpike Commission (PTC), accused Cephalon of unlawfully excluding generic competition from the market for modafinil, the active ingredient in Provigil.

“Cephalon engineered a conspiracy to restrain trade, and a scheme to monopolize the [modafinil market] by substantially delaying the onset of generic competition for its top selling...
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