DC appeals court dismisses FTC case against Endo and Impax’s opioid agreement

The US Court of Ap­peals for the Dis­trict of Co­lum­bia Cir­cuit on Fri­day dis­missed a case brought by the Fed­er­al Trade Com­mis­sion against En­do Phar­ma­ceu­ti­cals and Im­pax Lab­o­ra­to­ries, af­firm­ing a low­er court rul­ing that re­ject­ed the com­mis­sion’s claims that the com­peti­tor com­pa­nies cre­at­ed an ex­clu­sion­ary agree­ment around the opi­oid Opana ER (oxy­mor­phone ex­tend­ed re­lease).

The court ruled that the 2017 agree­ment be­tween En­do and Im­pax is noth­ing more than a stan­dard ex­clu­sive li­cense and that the FTC failed to ex­plain how the com­pa­nies en­gaged in an­ti­com­pet­i­tive con­duct.

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