Previous business/academic article Next business/academic article
Business Articles Awards > Concerted Practices

Ranbaxy: Court Recognizes Fraud-On-The-FDA Antitrust Claim

Jonathan Berman, Law360, June 2016

See Jonathan Berman's resume

Click here to read the full article online

The pharmaceutical sector is no stranger to major antitrust actions. Numerous cases focus on drug companies’ efforts to preserve exclusivity periods — time periods when the patent laws or drug regulations prevent the sale of competing generic products. In a
variant of these “generic suppression” cases, the plaintiffs in Meijer Inc. v. Ranbaxy Inc., Case No. 15-cv-11828 (NMG) (D. Mass.) assert that a manufacturer violated the Sherman Act by allegedly obtaining an exclusivity period through fraudulent submissions to the U.S. Food and Drug Administration. In a significant expansion of antitrust jurisprudence, Magistrate Judge M. Page Kelley sided with plaintiffs, and recommended the denial of a motion to dismiss.

Download our brochure