In USA, Lundbeck wins Federal Trade Commission case over NeoProfen; Lilly wins Court action on Zyprexa

13 September 2010

The US Federal District Court has ruled in favor of Danish drugmaker H Lundbeck (LUND: DC) and found no violation of the antitrust laws in the company’s acquisition of NeoProfen (ibuprofen lysine) Injection (10mg/mL), a drug used in premature infants with patent ductus arteriosus (PDA), a condition in which a blood vessel in the heart fails to close after birth.

Lundbeck said it welcomes the Court's ruling last Friday, finding that the company's purchase of the rights to develop NeoProfen did not violate Clayton Act Section 7 or Federal Trade Commission Act Section 5. In ruling for Lundbeck, the Court found the acquisition did not reduce competition in any market for the treatment of PDA.

In December 2008, the FTC and State of Minnesota filed a complaint against Ovation Pharmaceuticals in the Federal District Court of Minnesota challenging the company on its market position with the only two commercial drugs for the treatment of a congenital heart defect in premature infants – Indocin (indomethacin for injection) and NeoProfen.

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