Utah Shares In Settlement Over Contraceptive

Utah will get part of a $5.5 million antitrust lawsuit settlement involving a popular oral contraceptive. Attorney General Mark Shurtleff and attorneys general from 33 other states and the District of Columbia accused Warner Chilcott and Barr Pharmaceuticals with anti-trust violations that prevented generic versions of the drug Ovcon from reaching the marketplace.

“Consumers always benefit from competition,” says Shurtleff. “It’s satisfying to know these companies are paying the price for conspiring to keep a lower priced generic drug off the market.”

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Assistant Attorney General Ronald Ockey represented Utah in the settlement negotiations. Utah’s share from the settlement totals $86,620.

The lawsuit filed by the states alleged Warner Chilcott paid $20 million to keep Barr from marketing a generic version of Ovcon. According to court papers, Warner Chilcott initially paid Barr $1 million to stop plans to market the generic contraceptive in 2003. After the FDA approved the generic drug, Warner Chilcott allegedly agreed to give Barr $19 million more from to keep it off the market.

Ovcon has been sold in the Untied States since 1976 as an oral contraceptive and Warner Chilcott became the exclusive U.S. distributor of the drug in 2000. Warner Chilcott does not admit to any violation of federal or state law but the settlement forbids the company from engaging in similar conduct in the future.

The settlement with Warner Chilcott does not involve Barr and the states’ lawsuit against Barr will continue in the U.S. District Court in District of Columbia. This settlement also doesn’t affect any private or other lawsuits.

Source: Utah Attorney General