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Lundbeck wins FTC lawsuit

Lundbeck has announced that a US Federal District Court has ruled in its favour in a suit filed in 2008 by the US Federal Trade Commission

Lundbeck has announced that a US Federal District Court has ruled in its favour in a suit filed in 2008 by the US Federal Trade Commission (FTC). The court found that Ovation Pharmaceuticals, a company that has since been acquired by Lundbeck, did not violate antitrust laws when it acquired NeoProfen (ibuprofen lysine), an injection used in premature infants, from Abbott Laboratories.

The drug treats babies with patent ductus arteriosus (PDA), a condition in which the blood vessel connecting two major arteries of the heart fails to close on its own soon after birth.

The lawsuit was filed against Ovation by the FTC and the State of Minnesota in the Federal District Court of Minnesota. The suit objected to the fact that the acquisition meant that the company marketed the only two drugs for the treatment of PDA, Indocin (indomethacin) and NeoProfen, which Ovation bought from Abbott in 2006.

In the 2008 complaint, the FTC claimed that once Ovation had bought up the competition, it raised the price of Indocin nearly 1,300 percent, from $36 to about $500 a vial, and that when the company subsequently launched NeoProfen in July 2006, it set a similarly inflated price.

However, Lundbeck said on Wednesday that the Court found the acquisition did not reduce competition in any market for the treatment of PDA.

9th September 2010

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