In Re: Ciprofloxacin Hydrochloride Antitrust Litigation

Book excerpt: The plaintiffs in In re: Ciprofloxacin hydrochloride (Cipro) Antitrust Litigation (consumers and advocacy groups), sued the the brand name antibiotic's manufacturer Bayer, and prospective manufacturers of cheaper generic version, claiming that the exclusion agreement under which proposed manufacturers agreed to defer entry into market until expiration of patent held by Bayer, in return for payments to be received from Bayer, was in violation of antitrust laws. This amicus brief supports the plaintiffs, arguing in part that the case should have been decided in federal circuit court and that exclusion payments are generally anticompetitive.