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FTC to Appeal Schering-Plough Case

July 3, 2002

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WASHINGTON (AP) _ The Federal Trade Commission says it will appeal a judge’s dismissal of the agency’s complaint of anticompetitive conduct against two drug makers.

The agency said Wednesday that it will appeal the ruling in the case against Schering-Plough Corp. and Upsher-Smith Laboratories.

The FTC had charged that the companies engaged in unfair methods of competition by entering into an agreement designed to delay the entry of a generic drug into the U.S. market.

On Tuesday, Michael Chappell, an administrative law judge, dismissed the complaint. He said the FTC failed to meet its burden of proof.