Aventis/Andrx Cardizem CD Deal Violated Antitrust Laws, Judge Says
Executive Summary
Andrx and Aventis violated federal antitrust laws by entering an agreement aimed to keep all generic Cardizem CD products off the market, a June 6 Detroit federal court summary judgement maintains.
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Cardizem CD pact “illegal”
Agreement by Hoechst Marion Roussel to pay Andrx $40 mil. a year to refrain from marketing generic diltiazem was a "horizontal market allocation agreement" and "per se illegal under the Sherman Act" and state antitrust laws, Cincinnati federal appeals court rules June 13. Court affirms Detroit federal judge's June 2000 ruling (1"The Pink Sheet" June 12, 2000, p. 29). Earlier this year, HMR (now Aventis) and Andrx agreed to pay $80 mil to settle Cardizem antitrust claims brought by indirect purchasers and states. Defendants, however, maintained the settlements did not moot the issues presented in the appeal..