FTC issues final orders on Concordia/Par charges

Following a public comment period, the US Federal Trade Commission has approved final orders settling charges that pharmaceutical companies Concordia Pharmaceuticals and Par Pharmaceutical entered into an unlawful agreement not to compete in the sale of generic versions of Kapvay, a prescription drug used to treat attention deficit hyperactivity disorder.

Under the orders (The Pharma Letter August 19), the companies agreed not to enforce the anticompetitive provisions of their agreement. The companies also are prohibited from agreeing with other entities to bar or delay entry of an authorized generic after the patents covering the branded product have expired.

The FTC originally named private equity fund TPG Partners VI – the parent of Par at the time – as a respondent. However, due to TPG’s recent sale of Par, the Commission has removed TPG as a respondent and modified the complaint and the decision and orders accordingly.