Howard Ullman Discusses FTC Case against Pharmaceutical Company

Law360 | July.19.2012

This article, about the Federal Trade Commission’s case against Solvay Pharmaceutical Inc., which targets pay-for-delay deals between brand name and generic drug makers, quotes antitrust and competition counsel Howard Ullman.

Different decisions from other federal circuit courts gives the FTC a good chance to pursue certiorari in the Eleventh Circuit case, which challenges settlements Solvay inked with Watson Pharmaceuticals Inc. and other generics makers to protect its blockbuster drug Androgel, but it also gives the watchdog a chance to participate in the litigation as opposed to waiting for the defendants to challenge the Third Circuit's ruling, according to Ullman.

“If I were the FTC, I would file in Watson. That would give them control of the main briefing as a party and not limit them to a supporting role as an amicus in the other case," Ullman said.