FEDERAL TRADE COMMISSION v. ENDO PHARMACEUTICALS

No. 22-5137.

82 F.4th 1196 (2023)

FEDERAL TRADE COMMISSION, Appellant, v. ENDO PHARMACEUTICALS INC., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 25, 2023.


Attorney(s) appearing for the Case

Mark S. Hegedus , Attorney, Federal Trade Commission, argued the cause for appellant. With him on the briefs were Anisha S. Dasgupta , General Counsel, and Joel Marcus , Deputy General Counsel.

George G. Gordon argued the cause for appellees Endo Pharmaceuticals Inc., et al. With him on the brief were Michael H. McGinley , Julia Chapman , and John P. McClam .

Jay P. Lefkowitz argued the cause for appellees Impax Laboratories, LLC, et al. With him on the brief were Devora W. Allon , Kevin Neylan , and James R.P. Hileman . Evelyn Blacklock entered an appearance.

Before: Srinivasan, Chief Judge, Millett and Childs, Circuit Judges.


The Federal Trade Commission Act, 15 U.S.C. §§ 41-58 (FTC Act), authorizes the Federal Trade Commission (the Commission) to investigate and prevent "unfair methods of competition" that affect commerce, see id. § 45(a)(2). In this matter, the Commission appeals the district court's dismissal of claims...

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