WASHINGTON (Legal Newsline) – The Federal Trade Commission
(FTC) announced that Invibio has agreed to settle in a case involving
allegations it violated federal antitrust law by using long-term exclusive
contracts to maintain a monopoly.
Invibio was the first company in the polyetheretherketone
(PEEK) market. PEEK is a product used to make medical devices. According to the
FTC, Invibio used anti-competitive tactics that hindered Solvay Specialty
Polymers LLC and Evonik Corp. from entering the market and competing for
“This case affirms that the first company to enter a market
cannot rely on anti-competitive contract terms to lock up customers and box out
rivals,” said Debbie Feinstein, director of the FTC’s Bureau of Competition.
“This settlement is designed to provide buyers a meaningful choice among
suppliers, to open the door to price competition, and to enhance innovation.”
In the FTC’s proposed consent order, Invibio would be
prohibited from entering exclusive supply contracts and stopping customers from
looking for alternate PEEK business.
The FTC voted 3-0 to issue the proposed consent order. It
will now go before public comment.