Andrx Comments On Press Reports.Business Editors FORT LAUDERDALE, Fla.--(BUSINESS WIRE)---Feb. 8, 2000 ANDRX CORPORATION (Nasdaq:ADRX ADRX Andrx Corporation (stock symbol) ) today commented on recent press reports relating to the Federal Trade Commission's (FTC FTC See Federal Trade Commission (FTC). ) investigation into the Stipulation and Agreement which Andrx entered into in September 1997 with Hoechst Marion Roussel, Inc., now known as Aventis (NYSE NYSE See: New York Stock Exchange :AVE). In September 1999, nearly one year after Andrx initially disclosed the existence of this FTC investigation, Andrx dispelled incorrect rumors that the Commission had decided to institute litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. in the district court. Recent reports indicate that the FTC staff has recommended the filing of a lawsuit over a different transaction involving other brand and generic pharmaceutical companies and that the FTC staff has made a similar recommendation concerning its Stipulation with Hoechst. Andrx understands that the FTC's investigation concerning the Stipulation is ongoing and is in the process of providing the staff with additional information as part of that ongoing investigation. Andrx has also recently been advised that senior staff at the FTC's Bureau of Competition is recommending that the Commission authorize the commencement of an administrative proceeding involving Andrx under the rule of reason. Andrx has not received written confirmation of that statement from the FTC staff or from the Commission and has been unable to confirm any impending im·pend intr.v. im·pend·ed, im·pend·ing, im·pends 1. To be about to occur: Her retirement is impending. 2. decision at the Commission level. The FTC staff has confirmed, however, that its investigation and analysis are continuing and that the Commission, which has not made any decision in this matter, is the only decision maker for the FTC. If the Commission were to authorize the filing of an administrative proceeding involving Andrx, the remedy conventionally sought in such proceedings has been a cease and desist order An order issued by an Administrative Agency or a court proscribing a person or a business entity from continuing a particular course of conduct. The force and effect of a cease and desist order are similar to those of an Injunction issued by a court. . Andrx is unaware of any judicial precedent or authority for injunctive-type relief such as disgorgement Disgorgement A repayment of ill-gotten gains that is imposed on wrongdoers by the courts. Funds that were received through illegal or unethical business transactions are disgorged, or paid back, with interest to those affected by the action. ever being ordered by an administrative law judge administrative law judge n. a professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies. They are generally experienced in the particular subject matter of the agency involved or of several agencies. and subsequently being upheld by the courts. Scott Lodin, Andrx vice president and general counsel, added, &uot;One court has already recognized the significant difference between a potentially anti-competitive agreement and our Stipulation. When viewed in its entirety, we are hopeful that the Staff and Commission will also appreciate that difference. But, we are prepared to prove it to the administrative law judge if we need to.&uot; Forward-looking statements (statements which are not historical facts) in this release are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995. For this purpose, any statements contained in this report that are not statements of historical fact may be deemed to be forward-looking statements. Without limiting the generality of the foregoing, words such as &uot;may,&uot; &uot;will,&uot; &uot;expect,&uot; &uot;believe,&uot; &uot;anticipate,&uot; &uot;intend,&uot; &uot;could,&uot; &uot;would,&uot; &uot;estimate,&uot; or &uot;continue&uot; or the negative other variations thereof or comparable terminology are intended to identify forward-looking statements. Investors are cautioned that all forward-looking statements involve risks and uncertainties, including those risks and uncertainties detailed in the Company's filings with the Securities and Exchange Commission. Contact: Scott Lodin, Vice President and General Counsel of Andrx Corporation, 4001 S.W. 47th Avenue, Fort Lauderdale, Florida Fort Lauderdale, known as the "Venice of America" due to its expansive and intricate canal system, is a city in Broward County, Florida, United States. The city's population is described as metropolitan, where diverse culture is commonplace. According to 2006 U.S. 33314, 954-584-0300. This release and additional information about Andrx Corporation are also available on the Internet at: http://www.andrx.com |
|
||||||||||||||||

Printer friendly
Cite/link
Email
Feedback
Reader Opinion