FTC asks appeals court to reverse decision in potential antitrust case against AbbVie, generic manufacturers

The FTC wants an ap­peals court to re­verse a dis­trict court’s de­ci­sion to dis­miss a case against Ab­b­Vie’s For­est Lab­o­ra­to­ries and gener­ic drug man­u­fac­tur­ers over pos­si­ble an­titrust vi­o­la­tions with its high blood pres­sure drug Bystolic (nebivolol).

In a 2020 class ac­tion law­suit, CVS, Rite Aid and oth­er re­tail­ers ac­cused Al­ler­gan (which ac­quired For­est in 2014 be­fore it was lat­er bought by Ab­b­Vie), and gener­ic gi­ants like Tor­rent and Ameri­gen of a re­verse pay­ment scheme, al­so known as pay-for-de­lay deal, where­by a brand-name man­u­fac­tur­er pays gener­ic com­pa­nies to not make gener­ics of the drug avail­able in ex­change for a cer­tain amount of time and in ex­change for mon­ey.

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