US Federal Trade Commission says judges must be aware of 'product hopping'
As FTC intervenes in private antitrust action by Mylan Pharmaceuticals
The US Federal Trade Commission (FTC) has intervened with an amicus brief at the US Court of Appeals calling on judges to ensure that modifications made by brand name pharma companies to medicines facing generic competition offer real benefits.
The brief warns that courts should be aware of pharma industry ‘product hopping’ practices.
'If a brand-name manufacturer tweaks its brand-name product shortly before anticipated generic entry and begins eliminating the market for the original formulation, it can impede competition from would-be generic entrants, which have sought…approval to sell a generic version only of the original formulation but not the replacement,' noted the brief.
This could deprive generic companies of automatic substitution at pharmacies, explained the FTC, and, as a result, 'maintain the brand’s monopoly through illegal means'.
The FTC intervened in a private antitrust action where Mylan Pharmaceuticals alleges that Warner Chilcott/Mayne Pharm Group maintained a monopoly for antibiotic Doryx through three successive reformulations, which Mylan claims were insignificant.