
In an unexpected move, an administrative law judge dismissed a complaint in which the Federal Trade Commission alleged Impax Laboratories struck an anti-competitive deal not to market a generic version of an Endo Pharmaceuticals painkiller for three years in exchange for $112 million.
The agency had alleged that, in June 2010, Impax illegally agreed to refrain from marketing a generic version of Opana ER, an extended-release opioid. At the time the deal was reached, Opana ER generated $172 million in sales, or about 12 percent of total Endo revenues, according to the complaint filed by the FTC early last year. By then, the FTC and Endo agreed to settle charges of anti-competitive behavior.