Amgen settles with Ortho Biotech for $200M
Pharma Compliance Alert, July 16, 2008
Amgen will pay Ortho Biotech $200 million to end a two and a half year antitrust lawsuit over the pricing of Amgen’s erythropoiesis-stimulating agents (ESAs), according to a Wall Street Journal article.
Ortho Biotech claimed Amgen offered discounts and incentives for oncology units that purchased Amgen’s blood-cell-boosting products Aranesp, Neupogen, and Neulasta. Under its current contracts, Amgen grants customers rebates for Aranesp and Neulasta based on share of sales. Customers who purchase both Neulasta and Aranesp can obtain higher rebates under the Amgen Portfolio Contract. Ortho Biotech claimed because Neulasta had so little market competition, clinics felt compelled to order Aranesp because of the discount.
Amgen denied its conduct was unlawful and admitted no wrongdoing, according to a company release, but said reaching a settlement was in the best interests of shareholders.
As a result of the settlement, the case is being dropped.
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