Contribute Try STAT+ Today

In what is being called a win for consumers, a U.S. appeals court upheld a decision by the Federal Trade Commission that a so-called pay-to-delay deal between two drug makers was anti-competitive.

At issue was a deal reached in 2010 between Endo International (ENDP) and Impax Laboratories, which agreed not to market a generic version of the Endo’s Opana ER painkiller for three years in exchange for $112 million. At the time, the opioid generated $172 million in sales, or about 12% of total Endo revenue. The FTC argued the deal meant Endo would not face lower-cost competition until at least January 2013 and, as a result, consumers and other buyers paid “hundreds of millions of dollars a year more” for the medicine.

Unlock this article by subscribing to STAT+ and enjoy your first 30 days free!

GET STARTED

What is it?

STAT+ is STAT's premium subscription service for in-depth biotech, pharma, policy, and life science coverage and analysis. Our award-winning team covers news on Wall Street, policy developments in Washington, early science breakthroughs and clinical trial results, and health care disruption in Silicon Valley and beyond.

What's included?

  • Daily reporting and analysis
  • The most comprehensive industry coverage from a powerhouse team of reporters
  • Subscriber-only newsletters
  • Daily newsletters to brief you on the most important industry news of the day
  • STAT+ Conversations
  • Weekly opportunities to engage with our reporters and leading industry experts in live video conversations
  • Exclusive industry events
  • Premium access to subscriber-only networking events around the country
  • The best reporters in the industry
  • The most trusted and well-connected newsroom in the health care industry
  • And much more
  • Exclusive interviews with industry leaders, profiles, and premium tools, like our CRISPR Trackr.