Interesting that is one issue in the lawsuit again
Post# of 153898
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Posted On: 04/12/2020 6:28:38 PM
Interesting that is one issue in the lawsuit against pharmacy bro... “impededing generic competition” by not letting any potential competitors have access to the product. Apparently that is illegal to do. It struck me as odd, which is why I remembered it.
“First, Defendants created a complex web of contractual restrictions that prohibit distributors and from reselling Daraprim to generic companies or their agents. Defendants understood that restricting access to branded Daraprim could stifle generic competition. The U.S. Food & Drug Administration (“FDA”) requires any generic applicant to conduct bioequivalence testing comparing its product to samples of the branded drug. Vyera’s resale restrictions made it virtually impossible for generic companies to purchase sufficient quantities of Daraprim to conduct these FDA-required tests. Indeed, several generic companies tried for more than a year to secure enough branded Daraprim samples for testing, but were unable to do so. At least one other generic company simply abandoned its development plans.”
“First, Defendants created a complex web of contractual restrictions that prohibit distributors and from reselling Daraprim to generic companies or their agents. Defendants understood that restricting access to branded Daraprim could stifle generic competition. The U.S. Food & Drug Administration (“FDA”) requires any generic applicant to conduct bioequivalence testing comparing its product to samples of the branded drug. Vyera’s resale restrictions made it virtually impossible for generic companies to purchase sufficient quantities of Daraprim to conduct these FDA-required tests. Indeed, several generic companies tried for more than a year to secure enough branded Daraprim samples for testing, but were unable to do so. At least one other generic company simply abandoned its development plans.”
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