FTC sues Cephalon regarding payments to delay entry of generic drugs | Practical Law
On 13 February 2008, the US Federal Trade Commission (FTC) announced that it has filed a complaint in the US District Court for the District of Columbia alleging that Cephalon, Inc. (Cephalon) violated US federal antitrust laws by providing monetary payments to four drug companies (Teva Pharmaceuticals USA, Ranbaxy Pharmaceuticals, Mylan Pharmaceuticals, and Barr Laboratories) in exchange for delayed entry of generic versions of its branded medication, Provigil (a prescription medication that treats excessive sleepiness arising from sleep apnea, narcolepsy, or shift-work sleep disorder). The complaint seeks a judgment that Cephalon violated the US antitrust laws and it also requests a permanent injunction to prevent Cephalon from enforcing the terms of these agreements and from engaging in similar conduct in the future.