What was the FTC's monopoly case against Mallinckrodt?
The FTC alleged Questcor bought the US rights to a rival ACTH drug — paying $135 million against a rival bid of $16 million — specifically to eliminate the only potential competition to Acthar's monopoly pricing.
In January 2017, Mallinckrodt and Questcor agreed to pay $100 million to settle FTC and state charges that Questcor illegally maintained its monopoly. The FTC alleged that in 2013 Questcor bought the US rights to Synacthen Depot, a synthetic ACTH drug sold abroad at a fraction of Acthar's price, outbidding rivals who planned to develop it and sell it at a large discount. One rival bidder, Retrophin, had bid $16 million while Questcor paid $135 million.
Besides the payment, Questcor had to license Synacthen for infantile spasms and nephrotic syndrome to a licensee approved by the Commission; Mallinckrodt later licensed it to West Pharmaceuticals. The company did not admit the FTC's allegations.