Richard Ripley in the New York Times: E.U. Fines Drug Companies for Delaying Generics


Europe’s top antitrust enforcer on Wednesday continued an effort on both sides of the Atlantic to crack down on drug company efforts to keep low-cost generic versions of their medicines off the market, fining a Danish pharmaceutical and a number of generic producers a total of €146 million, or $195 million.

The European Commission said that Lundbeck of Denmark colluded with companies including Ranbaxy of India and Merck of Germany in 2002 and 2003 to delay market entry of a less-expensive generic version of Lundbeck’s blockbuster antidepressant called citalopram...

As Monday’s Supreme Court decision indicates, the issue is a live one in the United States and Europe alike. The Federal Trade Commission says that pay-for-delay deals cost Americans $3.5 billion a year in higher drug prices.

“On both sides of the Atlantic regulators are increasingly regarding generic makers not entering the market as soon as they could have done as potentially anti-competitive,” said Richard A. Ripley, a partner with Haynes and Boone, LLP in Washington, who has clients in the pharmaceutical sector but represents none of the parties in the Lundbeck case.

Excerpted from the New York Times, June 19, 2013. To view full article, click here.

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