Agency refutes Supernus’ defense that Sage’s generic drug cartridges are ‘free-riding’ on the supply of the injector pen for its branded product. Company’s alleged exclusionary contract with pen distributor and pressure on specialty pharmacies not to provide the generic involve important antitrust issues, FTC tells court.

US FDA told the company to add a warning to the label in late January, about a month before the generic refill cartridge was approved.