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Cephalon may have illegally entered agreements with generic drug manufacturers for them to delay competing with its drug Provigil, which resulted in direct purchasers paying inflated prices.
Investigation Source
- Nationwide
Investigation Scope
Category Information
Investigation Topics
- Over Charge
- Price Fixing
- Anti-Competitive Behavior
- Overcharging for Drug
Products or Services
- Doctors
- Hospitals
- Healthcare Organizations
- Pharmacists
- Provigil
Injury Type
- Monetary Loss
Investigation Details
Investigation and a pending class action lawsuit on behalf of direct purchasers of the Provigil (modafinil), a prescription drug which treats sleeping disorders and is manufactured and sold by defendant Cephalon, Inc.
Just prior to the expected entry of generic competition for Provigil, Cephalon entered into agreements with nearly all of its anticipated generic rivals, including Barr Laboratories, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Ranbaxy Laboratories, Ltd., Ranbaxy Pharmaceuticals, Inc., and Mylan Laboratories, Inc. Because these companies are entitled to an exclusivity period under a federal law known as the Hatch Waxman Act, delaying their entry also froze out other potential generic competitors, like Apotex Corporation. As a result, purchasers continue to pay inflated prices on their Provigil purchases.
The Federal Trade Commission recently concluded its own probe into Cephalon's activities, and filed a complaint accusing Cephalon of monopolization.
Do not change medications without first consulting your doctor.
Just prior to the expected entry of generic competition for Provigil, Cephalon entered into agreements with nearly all of its anticipated generic rivals, including Barr Laboratories, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Ranbaxy Laboratories, Ltd., Ranbaxy Pharmaceuticals, Inc., and Mylan Laboratories, Inc. Because these companies are entitled to an exclusivity period under a federal law known as the Hatch Waxman Act, delaying their entry also froze out other potential generic competitors, like Apotex Corporation. As a result, purchasers continue to pay inflated prices on their Provigil purchases.
The Federal Trade Commission recently concluded its own probe into Cephalon's activities, and filed a complaint accusing Cephalon of monopolization.
Do not change medications without first consulting your doctor.
Defendant Details
| Name (Stock Symbol) | Brief Description |
|---|---|
| Cephalon, Inc. (CEPH) | Cephalon, Inc. is a biopharmaceutical company. |
| Mylan Pharmaceuticals Inc. | Mylan Pharmaceuticals Inc., a subsidiary of Mylan Inc., manufacturers generic drugs. |
| Teva Pharmaceutical Industries Ltd, (TEVA) | Teva Pharmaceutical Industries Limited develops, produces, and markets generic and branded pharmaceuticals, biogenerics, and active pharmaceutical ingredients. |
| Barr Laboratories, Inc. | Barr Laboratories, Inc. is also known as Barr Pharmaceuticals. It manufactures and markets generic and proprietary pharmaceuticals. In 2008, Teva Pharmaceutical Industries Ltd acquired Barr Laboratories. |
| Teva Pharmaceuticals USA, Inc. | Teva Pharmaceuticals USA, a wholly owned subsidiary of Teva Pharmaceutical Industries Ltd., is a generic pharmaceutical company, marketing products from a wide range of therapeutic areas including cardiovascular, anti-infective, CNS, anti-inflammatory, oncolytic, antidiabetic, analgesic, dermatology, respiratory, and female healthcare |
| Ranbaxy Laboratories Limited | Ranbaxy Laboratories Limited manufactures generic pharmaceuticals. |
| Ranbaxy Pharmaceuticals, Inc. | Ranbaxy Pharmaceuticals, Inc., a wholly owned subsidiary of Ranbaxy Pharmaceuticals, Inc., manufactures generic pharmaceuticals. |