Drug Makers Must Turn Over Documents to FTC
As part of a Federal Trade Commission investigation into a settlement between Boehringer Ingelheim Pharmaceuticals, Inc. and Barr Laboratories, delaying entry of generic competitors to Boehringer’s Aggrenox® and Mirapex®, Boehringer and Barr are ordered to redact and produce certain documents requested by the FTC, according to a Sept. 27 order by the U.S. District Court for the District of Columbia.
The FTC sought an order enforcing its subpoena duces tecum and declaring that the documents it had requested therein are not privileged. While the court declined to order the defendants to produce all the requested documents, it limited its denial to certain specific categories, and it ordered that the rest be redacted and disclosed (FTC v. Boehringer Ingelheim Pharmaceuticals Inc., D.D.C., No. 1:09-mc-00564-JMF, 9/27/12).
Text of the court’s decision is at http://about.bloomberg.com/blaw2/files/2013/01/Drug-Makers.pdf