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Federal Contractor Misconduct Database (FCMD)

The federal government routinely awards contracts to companies with histories of misconduct, including contract fraud and other violations. POGO believes that providing this website will help to improve contracting decisions and increase public knowledge of how the government spends billions of taxpayer dollars each year. Read more…

K-Dur 20 “Pay for Delay” Litigation

Direct purchasers of the brand-name drug K-Dur 20, a potassium chloride supplement used to treat patients with depleted potassium, alleged that Schering-Plough (which merged with Merck in 2009) and other companies violated federal antitrust law by entering into anticompetitive “pay for delay” agreements. They alleged Schering-Plough paid two of its rival generic manufacturers a total of $90 million to delay the market entry of their generic versions of K-Dur 20, thereby causing purchasers to pay artificially high prices for the drug. In May 2017, Merck and defendant Upsher-Smith Laboratories agreed to pay a $60.2 million settlement.

Misconduct Type
Antitrust
Enforcement Agency
Non-Governmental
Contracting Party
None
Court Type
Civil
Disposition
Settlement
Date of Settlement Announcement
5/15/2017
Contractors Involved Penalty
Total
Merck & Co., Inc. Unknown
Further Information Released
Settlement Agreement 5/15/2017
First Amended Complaint 12/23/2003

Federal Contractor Misconduct Database