FTC angry as Supreme Court lets AbbVie off the hook over AndroGel case

2 August 2021
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The Federal Trade Commission (FTC) has expressed its disappointment at a Supreme Court decision relating to AndroGel (testosterone gel), a prescription medicine used to treat the symptoms of testosterone deficiency.

This case dates back to 2014, when the FTC filed a complaint in federal district court, charging that US drugmaker AbbVie (NYSE: ABBV) and its partner, privately-held Besins Healthcare, illegally blocked patients’ access to lower-cost alternatives to AndroGel, allegedly by filing baseless patent infringement lawsuits against potential generic competitors.

"Congress should act quickly to restore Section 13(b) of the FTC act and the commission’s ability to return to consumers money lost due to illegal anticompetitive behavior by pharmaceutical companies"It was also alleged that AbbVie settled one of its infringement lawsuits with an illegal reverse-payment agreement.

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