FTC Closes Investigation Into Several Drug Patent Deals

The Federal Trade Commission has ended its investigation of settlements involving Bayer’s Yasmin birth control drug between Bayer Schering Pharma AG and Barr Laboratories Inc.  The investigation stemmed from an agreement between Barr, which was acquired by Teva for $9 billion in 2008, in which Barr was granted the right to market a generic version of the Yasmin oral contraceptive, thereby resolving a long-running patent dispute between the pharmaceutical companies.

“Upon further review of this matter,” the FTC explained in letters to the parties, that “it now appears that no further action is warranted by the commission at this time.”  The Commission made clear that its action should not be interpreted as a finding that the deal was not anticompetitive and it reserved “the right to take such further action as the public interest may require.”

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