What Competition? Actelion Loses Case Over Stifling A Rival Drug

For the second time this year, Actelion has been tagged for questionable behavior toward rivals. In the latest instance, a California state court judge has upheld a $407 million jury award that was made after the drugmaker thwarted plans that Asahi Kasei Pharma had to commercialize a drug for treating hypertension. How so? The jury determined that Actelion acted unfairly by purchasing CoTherix, with which Asahi struck a licensing deal in 2006, and then cancelling the agreement. Allegedly, Actelion took this step because it already marketed amedicine called Tracleer, which has typically generated more than $1 billion in annual sales, accounted for nearly all of its US sales and dominates the PAH. At trial, Asahi presented evidence that Actelion acquired CoTherix just five months later because the Fasudil drug was viewed as a competitive threat. After a trial in 2011, a jury awarded Asahi Kasei Pharma nearly $547 million in damages, which were later reduced. Late last week, though, Actelion lost its bid to overturn the verdict. A California judge, however, not only denied the appeal, but also slammed Actelion for its behavior for undermining the 2006 contract with Asahi, and also for potentially harming patients who suffer from pulmonary arterial hypertension, which is abnormally high blood pressure in the arteries of the lungs. In effect, the judge linked anticompetitive behavior to societal harm. “By impeding the development of Fasudil (which is the Asahi drug), Actelion no...
Source: Pharmalot - Category: Pharma Commentators Authors: Source Type: blogs