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Impax agrees to $35 million settlement over anticompetitive practices with Valeant generic

Published on 12/03/18 at 11:39am

Impax Pharmaceuticals has acquiesced to paying a $35 million settlement in order to resolve part of an antitrust lawsuit it is facing related to allegations that it entered into an agreement to delay its own generic version of Valeant’s acne medication Solodyn from hitting the market.

According to the allegations, Impax accepted $40 million and $23 million in milestone payments from Valeant-owned Medicis back in 2008 after it agreed not to pursue an appeal to a court ruling on a lawsuit to invalidate a Solodyn patent. The company did not begin to market its generic version of the drug until 2011, despite securing FDA approval in 2009.

While it agreed to the payment, Impax did not admit liability. Consumers and insurers have reportedly been overcharged to the tune of $790.3 million as a result of the deal.

Valeant itself agreed to pay $58 million in February to resolve a class action lawsuit concerning Solodyn, a drug it acquired when it bought out Medicis Pharmaceutical in 2012.

Matt Fellows

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