On Thursday, a federal judge dismissed a lawsuit by the US Federal Trade Commission (FTC) claiming Endo International Plc and Impax Laboratories violated antitrust laws by forming a deal that stifled market competition for an opioid drug, Opana ER.
It was not immediately clear what the reasons for US District Judge Royce Lamberth’s decision were as the judge filed his verdict under seal to allow parties time to address whether anything should be redacted.
Nonetheless, Judge Lamberth’s decision marks a significant setback for FTC antitrust enforcers. In 2017, they had pursued a successful case against both drugmakers over the same opioid drug.
Endo and Impax argued that the deal at the centre of the FTC’s latest case was not anticompetitive. They claim it is a lawful licensing agreement that enables the two companies to compete on the market.
