Mallinckrodt Pays $100 Million in Antitrust Settlement

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Mallinckrodt has agreed to pay $100 million to settle Federal Trade Commission charges that it violated antitrust laws when its subsidiary Questcor acquired the rights to a drug that threatened its monopoly in the U.S. market for adrenocorticotropic hormone (ACTH) drugs. Acthar is a specialty drug used as a treatment for infantile spasms, as well a drug of last resort used to treat other serious medical conditions.

The FTC complaint alleges that Questcor illegally acquired the U.S. rights to develop a competing drug, Synacthen Depot. “The acquisition stifled competition by preventing any other company from using the Synacthen assets to develop a synthetic ACTH drug, preserving Questcor’s monopoly and allowing it to maintain extremely high prices for Acthar,” the government says. “Questcor took advantage of its monopoly to repeatedly raise the price of Acthar, from $40 per vial in 2001 to more than $34,000 per vial today – an 85,000% increase. “We charge that, to maintain its monopoly pricing, it acquired the rights to its greatest competitive threat, a synthetic version of Acthar, to forestall future competition. This is precisely the kind of conduct the antitrust laws prohibit.”

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