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Barr/AstraZeneca Tamoxifen Settlement Under Investigation By State AGs

Executive Summary

An inquiry by several states into Barr's tamoxifen agreement with AstraZeneca is the latest indication that states are not deferring to the Federal Trade Commission in investigating patent settlements.

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Barr/AstraZeneca tamoxifen antitrust suit dismissed

AstraZeneca and Barr "authorized generic" agreement for breast cancer agent Nolvadex did not violate antitrust laws, Brooklyn, N.Y. federal judge rules. Complaints from consumers and third-party payors argued that 1993 agreement under which Barr marketed generic tamoxifen until August 2002 kept other generics off market. Judge's ruling dismisses all state and federal claims. A prior Justice Department investigation into settlement was closed without action (1"The Pink Sheet" Sept. 3, 2001, p. 20)...

Barr/AstraZeneca tamoxifen antitrust suit dismissed

AstraZeneca and Barr "authorized generic" agreement for breast cancer agent Nolvadex did not violate antitrust laws, Brooklyn, N.Y. federal judge rules. Complaints from consumers and third-party payors argued that 1993 agreement under which Barr marketed generic tamoxifen until August 2002 kept other generics off market. Judge's ruling dismisses all state and federal claims. A prior Justice Department investigation into settlement was closed without action (1"The Pink Sheet" Sept. 3, 2001, p. 20)...

Barr Tamoxifen Supply Will Hold To Mid-Nov.; Firm Seeks FDA Injunction

Barr will be unable to supply tamoxifen 10 mg after mid-November in the absence of court action to overrule FDA and allow the immediate launch of the firm's generic

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