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Impax to settle with retailers in Solodyn antitrust case

Impax Laboratories Inc. reached a mid-trial settlement with certain retailers in an antitrust lawsuit related to Valeant Pharmaceuticals International Inc.'s acne medication Solodyn, Reuters reported.

The Hayward, Calif.-based pharmaceutical company resolved claims with CVS Health Corp., Rite Aid Corp., Walgreens Boots Alliance Inc., Kroger Co., HEB Grocery Co. LP and Albertsons Cos. Inc., which alleged that Impax was involved in a pay-for-delay deal which kept cheaper versions of Solodyn from entering the market.

The settlement resolves only a part of the litigation, and Impax continues to face claims from insurers and consumers.

The plaintiffs said Impax's 2008 settlement agreement with Valeant unit Medicis Pharmaceutical Corp. to stop its legal efforts to invalidate a Solodyn patent and not release a generic version of the drug until 2011 was anticompetitive.

Impax received $40 million from Medicis as a result of the settlement.

Impax's lawyers denied any arrangement to delay competition, said the report.

Earlier in March, Impax agreed to pay $35 million to settle certain claims under an antitrust lawsuit which included multiple claims against the company and other generic-drug makers Sandoz Inc., Lupin Ltdas well as Medicis.

Sandoz is a unit of Novartis AG.