- Oregon AG Dan Rayfield settled with AbbVie Inc. and Besins Healthcare, Inc. to resolve allegations that the pharmaceutical companies engaged in anti-competitive conduct relating to the sale of testosterone replacement gel in violation of state antitrust laws.
- The complaint alleged that AbbVie and Besins, among other entities, filed sham patent infringement litigation against a potential generic competitor to unlawfully maintain monopoly power over the topical testosterone replacement therapy market, which they dominated with Besins’s product, AndroGel, preventing competitors from bringing a lower-cost generic version of the drug to market.
- Under the terms of the settlement, AbbVie and Besins are required to pay $9.25 million, including $6.2 million in disgorgement and penalties, and attorneys fees and costs.