FTC Launches New Civil Probe in Plavix Deal

Bristol-Myers Squibb (BMS) is cooperating with U.S. trade officials in a new civil probe launched last week related to the patent litigation settlement over generic Plavix, the company said.

In a regulatory filing released yesterday, BMS said the FTC launched a civil investigation requesting the company hand over key documents and information surrounding a reverse-payment deal it and sanofi-aventis made with generic firm Apotex to delay market entry of generic clopidogrel bisulfate.

The FTC served BMS with a "Civil Investigation Demand" March 21 and requested that the company provide "documents and information relating to the proposed settlement with Apotex of the Plavix patent litigation pending in the U.S. District Court for the Southern District of New York."

BMS representative Tony Plohoros acknowledged the request made by the FTC, but declined to speculate on the agency's motives. The civil investigation comes weeks after the company announced that it cleared a criminal probe by the antitrust division of the Department of Justice.

Civil investigations typically follow criminal investigations, according to legal sources in the industry. BMS was the subject of a criminal investigation by federal trade authorities last year.