(Phoenix, Ariz. – June 12, 2007) Attorney General Terry Goddard today announced a $5.5 million multi-state settlement with New Jersey-based Warner Chilcott, maker of the oral contraceptive Ovcon. The settlement resolves a 2005 federal lawsuit alleging that Warner Chilcott and Barr Pharmaceuticals agreed to keep Barr’s generic version of Ovcon off the market. Goddard joined 33 other state Attorneys General and the District of Columbia in this settlement.
According to the 2005 federal lawsuit, Barr had publicly announced that it would bring a generic equivalent to Ovcon to the market by the end of 2003. In September 2003, Warner Chilcott agreed to pay Barr $20 million to keep Barr’s competing generic product off the market.
“This type of anticompetitive conduct will not be tolerated,” Goddard said. “My office will continue to vigorously pursue legal action to protect consumers from drug companies and others who flout the antitrust laws for profit.”
As part of the settlement, Warner Chilcott agreed it would not enter into similar agreements in the future. The states’ lawsuit against Barr is still pending.