Concordia and Par settle FTC charges of an illegal deal not to compete in ADHD arena
US pharmaceutical companies Concordia Pharmaceuticals and Par Pharmaceutical have settled Federal Trade Commission charges that they entered into an unlawful agreement not to compete in the sale of generic versions of Kapvay (clonidine hydrochloride), a prescription drug used to treat attention-deficit hyperactivity disorder (ADHD).
As part of the settlement, the companies agreed not to enforce the anticompetitive provisions of their agreement. Unlike some other settlements over delaying generics from coming to market, this settlement did not have a financial penalty attached.
Until May 15, 2015, Concordia and Par were the only two firms permitted by the FDA to market generic Kapvay. Rather than competing against one another, Concordia agreed not to sell an authorized generic version of Kapvay in exchange for a share of Par’s revenues.
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