Commission Approves Filing of Joint Amicus Brief with DOJ on Direct Purchaser Antitrust Issues

Commission approval of joint amicus brief filing: The Commission has approved the filing of a joint amicus brief with the U.S. Department of Justice in the matter of DDAVP Direct Purchaser Antitrust Litig., No. 06-5525 (2nd Cir.). The case concerns whether direct purchasers of the brand-name prescription drug DDAVP lacked antitrust standing to bring monopolization claims against defendant drug manufacturers arising out of the manufacturers’ enforcement of a patent allegedly procured through intentional fraud on the Patent and Trademark Office (a so-called “Walker Process” antitrust claim).

The Commission vote to approve the filing of the joint amicus brief was 4-0, with Chairman Deborah Platt Majoras recused. It was filed with the U.S. Court of Appeals for the Second Circuit on May 25, 2007. (FTC File No. P072124; the staff contact is Imad Dean Abyad, Office of the General Counsel, 202-326-2375).

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

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In re DDAVP Direct Purchaser Antitrust Litigation, No. 06-5525 (2nd Cir.) (May 25, 2007)