The leading case giving pay-for-delay settlements per se treatment is the Sixth Circuit's decision in In re Cardizem CD
76) In the court's view, the agreement "was, at its core, a horizontal agreement to eliminate competition in the market for Cardizem CD
throughout the entire United States," (77) because it "guaranteed to [Hoechst] that its only potential competitor at that time, Andrx, would .
would not market its generic version of Cardizem CD
until either (1)
The lawsuits alleged that the defendants, brand manufacturer Hoechst Marion Roussel and generic manufacturer Andrx, illegally restrained trade for Cardizem CD
and its generic bioequivalents, in violation of the antitrust, unfair competition and/or consumer protection laws.
The case, co-led by New York and Michigan, charged that for a year beginning in July 1998, Hoechst, a pharmaceutical company acquired by Aventis in 2000, paid Andrx just under $100 million not to market a generic version of Cardizem CD
155) Nonetheless, the agreements in Cardizem CD
and Hytrin were deemed to be illegal per se.
is a once-daily medication for the treatment of high blood pressure and chest pain.
During the year, we successfully launched our generic versions of Cardizem CD
and Verelan and we received tentative approval for our generic version of Adalat CC.
an approval for its ANDA to market a generic version of Cardizem CD
(diltiazem HC1 extended-release capsules.
The 6th Circuit held in a 2003 decision, In re Cardizem CD
Antitrust Litigation, that these settlements were per se violations of antitrust law.
is a once daily medication for the treatment of high blood pressure and
1 million in the fourth quarter of 2004, a 22% decrease that is largely attributable to weaker sales of generic Cardizem CD
and Adalat CC.
The retail pharmacy operators had filed a lawsuit against both firms after the drug makers reached an exclusive agreement in which Andrx postponed production of a generic alternative to Aventis' Cardizem CD
Collegeville, PA) and its successor, Aventis, from producing or selling Cardizem CD
in the United States.
The increase in generic product sales was mainly due to strong sales of generic Adalat CC and Cardizem CD
, the renegotiated agreement with our distribution partner Teva Pharmaceutical Inc.