EU opens anti-trust probe into stay-awake drug deal

30 Apr, 2011

European antitrust authorities announced Thursday the opening of a formal antitrust probe into US drugs company Cephalon and Israel-based generic drugs firm Teva over stay-awake drug Modafinil.
The controversial anti-tiredness drug, marketed under the brand-name Provigil, can keep people awake for days and is normally used to treat the rare sleeping disorder narcolepsy. But it became popular among night-workers such as truckers and was even tested in its early days for military use.
The probe concerns a deal struck between the two that "may have had the object or effect of hindering the entry of generic Modafinil" into the European Economic Area.
The European Commission "has started an ex officio investigation to assess an agreement between Cephalon, Inc and Teva Pharmaceutical Industries Ltd," a statement said.
A probe does not indicate "a definitive finding of an infringement," it stressed, but means it will be investigated as "a matter of priority," although there is no set deadline for an outcome.

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