Warner-Lambert Company
Volume 83 · 83 F.T.C. 227
Cite this decision
Warner-Lambert Company, 83 F.T.C. 227 (1973). Consumer Law Library, https://consumerlawlibrary.org/decisions/v083-0009
Report an error in this record (decision id v083-0009)
Cited by 0 later FTC decisions
Cites
Text (OCR of the scan at left; may contain errors)
IN THE MATTER OF WARNER-LAMBERT COMPANY Docket 8850. Interlocutory Order, July 26, 1973. Order directing complaint counsel to file supplemental brief in connection with interlocutory appeal regarding disclosure of certain government records; and granting respondent permission to file answering brief. Appearances For the Commission: P. R. Teetor, R. Jacobs, D. A. Lofty, and T. P. Athridge.
For the respondent: Mudge, Rose, Guthrie & Alexander, New York, New York, Bergson, Borkland, Margolis & Adler, Washington, D. C.
ORDER DIRECTING FURTHER BRIEFING This matter is before the Commission upon petition of complaint counsel filed June 22, 1973, that the Commission entertain an interlocutory appeal from a ruling of the administrative law judge regarding disclosure of certain Government records. Respondent has filed an answer opposing the petition. In order to aid further the Commission’s consideration in this matter, It ts ordered, That a further supplemental brief be filed by complaint counsel directed to the following questions: 1. To what extent, if any, has complaint counsel actually used, or planned to use, the “Alphabetical List of IND Generics” printout in preparing evidence or testimony in its case-in-chief? This information should be put in affidavit form. 2. On the question whether a firm or group of firms should be considered potential entrants into an alleged submarket because of research activity or interest, why should not the Commission, in the interest of keeping the scope of the record within reasonable bounds and confined to evidence clearly probative, grant the appeal and limit both parties’ evidence and discovery to research activity that has at least reached the stage of the filing of a New Drug Application with the Food and Drug Administration? Complaint counsel’s brief shall be filed within. ten (10) days of this order. Respondent may file an answering brief within ten (10) days of receipt of complaint counsel’s brief. Complaint 83 F.T.C.