Dechert Secures Dismissal of FTC Antitrust Lawsuit Against Endo Pharmaceuticals Inc.
A Dechert antitrust/competition team led by partners George Gordon and Julia Chapman secured dismissal of an antitrust lawsuit brought against client Endo Pharmaceuticals Inc. by the Federal Trade Commission (FTC). In a sealed order, U.S. District Judge Royce C. Lamberth agreed to dismiss the case due to the FTC’s “failure to state a claim.”
The lawsuit, lodged in January 2021, stemmed from allegations that the terms of a 2017 license agreement settling a contract and patent dispute between Endo Pharmaceuticals and Impax Laboratories (now Amneal) violated Section 1 of the Sherman Act. In addition to seeking injunctive relief, the FTC’s complaint sought disgorgement of profits as a monetary remedy. The Court granted the motions to dismiss filed by Dechert, dismissing the FTC’s case in its entirety.
The Dechert team advising Endo also includes associates Forrest Lovett, John McClam and Eric Hageman.
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