"Authorized" Generics Violate Predatory Pricing Laws, Mylan Lawsuit Says
This article was originally published in The Pink Sheet Daily
Executive Summary
Mylan alleges P&G and Watson violated Robinson-Patman and Sherman antitrust laws by selling an "authorized" generic of Macrobid below cost with the intent to monopolize the market. The lawsuit is aimed at preventing authorized generics during Mylan's 180-day exclusivity period for Norvasc, Levaquin and Ditropan XL.
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Company instead is pressing on with antitrust claims filed in a March 2004 lawsuit in San Francisco state court stemming from Procter & Gamble and Watson’s “authorized” generic agreement for Macrobid. The West Virginia litigation would have been duplicative of the California claims, Mylan says.