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# FTC Order Against Impax Anticompetitive Agreement
- URL: https://www.fdaweb.com/ftc-order-against-impax-anticompetitive-agreement/
- Published: 2019-04-01T12:00:00.000Z
- Updated: 2026-09-15T01:17:03.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5143742

The Federal Trade Commission (FTC) has released an [opinion and final order](https://www.ftc.gov/news-events/press-releases/2019/03/ftc-concludes-impax-entered-illegal-pay-delay-agreement?ref=fdaweb.com) against generic company Impax Laboratories, finding that it engaged in an illegal pay-for-delay, or “reverse payment,” settlement to [block consumers’ access to a lower-cost generic version](https://www.ftc.gov/news-events/press-releases/2016/03/ftc-sues-endo-pharmaceuticals-inc-others-illegally-blocking-lower?ref=fdaweb.com) of Endo Pharmaceuticals’s branded extended-release opioid pain reliever Opana (oxymorphone) ER.

FTC found that Endo possessed power in the market for branded and generic oxymorphone ER, and that Impax received a large and unjustified payment to not launch a generic product before the agreed-upon date. The commission explained that the U.S. Supreme Court’s *Actavis* decision held that eliminating *the risk of* competition through a reverse payment settlement itself constitutes an anticompetitive harm.

The final order bars Impax from entering into any type of reverse payment that defers or restricts generic entry, including no-authorized generic commitments, as well as certain business transactions entered with the branded pharmaceutical manufacturer within 45 days of a patent settlement.