FDAnews Drug Daily Bulletin

Warner Chilcott continues to settle lawsuits that claim the firm’s 2004 agreement with Barr Pharmaceuticals covering generic versions of its oral contraceptive, Ovcon 35, violated antitrust law.

The company recently announced that it entered into a $10 million settlement to resolve two civil antitrust lawsuits brought by unidentified “direct purchasers” of Ovcon 35 (norethindrone/ethinyl estradiol). The announcement follows a previous $5.5 million settlement the firm struck with 30 states and the District of Columbia regarding similar antitrust issues.

“The claims held by the settling plaintiffs represented a majority of the damages sought by all of the direct purchaser plaintiffs that have brought antitrust suits against the company,” Warner Chilcott said.

Although the company did not confirm the identity of the plaintiffs, CVS Pharmacy, Walgreen Company, and grocery and general merchandise retailer Meijer all have pending civil antitrust actions against the firm, according to records for the U.S. District Court for the District of Columbia.

The agreement with Barr granted the company an exclusive license to Barr’s abbreviated new drug application referencing Warner Chilcott’s Ovcon 35. At the time, the firm also struck a finished product supply agreement where Barr would provide the company with Ovcon 35 throughout the term of the license, Warner Chilcott said.