The defendants allegedly implemented anti-competitive practices to prevent competitors from obtaining sufficient Daraprim pills to complete bioequivalence tests, which are necessary to obtain approval by the FDA. The defendants’ anti-competitive practices also prevented competitors from getting access to a key ingredient used to manufacture the medicine.
Recouping millions of dollars for patients fleeced by Shkreli, Vyera Pharmaceuticals
On Tuesday, the FTC and its state co-plaintiffs filed to the court their settlement agreement with Vyrera Pharmaceuticals, Phoenixus, and Mulleady.
Under the deal, Vyera Pharmaceuticals will pay up to $40 million in monetary relief. The pharmaceutical companies will pay $10 million upfront. It will pay the remaining $30 million over 10 years if its financial situation improves.
Additionally, Vyera Pharmaceuticals and Phoenixus agreed to make Daraprim available to any potential generic competitor at list price. The companies also agreed to notify the FTC and its state co-plaintiffs about any planned pharmaceutical transaction concerning Daraprim.