Disgorgement
This article was originally published in The Gray Sheet
Executive Summary
Federal Trade Commission is requesting comments by March 1 on the use of disgorgement as a remedy for violations of the Hart-Scott-Rodino Act, the FTC Act and the Clayton Act. FDA has sought the recovery of profits as a compliance tool in the past and said it might consider them in cases not involving the future sales of products deemed "medically necessary" ("1The Gray Sheet" July 2, 2001, p. 9). In a November 1999 consent agreement with the agency, Abbott agreed to pay a $100 mil. civil money penalty related to GMP violations at a diagnostics production facility, and rather than cease production of tests considered medically necessary, to hand over 16% of the revenues generated by those products. For further information, contact John Graubert, Office of General Counsel, FTC, at (202) 326-2186...