Del. (Legal Newsline) —The Federal Trade Commission (FTC) announced Feb. 7 the
filing of a complaint against Shire ViroPharma Inc. in federal district court.
The FTC alleges the defendants violated antitrust laws by abusing
government processes to delay generic competition to its branded prescription
drug, Vancocin HCl capsules.
Drug Administration (FDA) has a practice where it refrains from approving
generic applications of a drug if there are any pending citizen petition
filings. ViroPharma purportedly used this to its advantage and submitted 43
filings with the FDA to delay the process for generic versions of its drug.
“I have long advocated that the commission target abuses of
government processes that significantly harm competition and consumers. The commission’s action is another example of this ongoing
commitment,” said FTC acting chairwoman Maureen K. Ohlhausen.
“Generic medications can save consumers millions of dollars. When we have
reason to believe that a branded drug company misuses government processes to
unlawfully maintain a monopoly by delaying generic entry, the FTC will act to
voted 3-0 to file the complaint, which was placed in the U.S. District Court
for the District of Delaware.