Impax Laboratories, Inc.

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IN THE MATTER OF IMPAX LABORATORIES, INC.

Docket No. 9373. Order, November 1, 2018 Order granting non-party Endo Pharmaceuticals Inc.’s motion for leave to produce a copy of the in camera testimony Endo witness, Dr. Robert Cobuzzi, provided at trial in the captioned action to the MDL Plaintiffs in the litigation pending in the Northern District of Illinois styled as In re Opana ER Antitrust Litigation, 14-cv-10150. ORDER GRANTING NON-PARTY ENDO PHARMACEUTICALS INC.’S MOTION TO PRODUCE CERTAIN IN CAMERA MATERIALS TO MDL PLAINTIFFS Non-party Endo Pharmaceuticals, Inc. (“Endo”) moves for leave to produce a copy of the in camera testimony of Endo witness, Dr. Robert Cobuzzi, provided in the evidentiary hearing in the above-captioned proceeding, to the MDL Plaintiffs1 in the litigation pending in the Northern District of Illinois styled as In re Opana ER Antitrust Litigation, 14-cv-10150.2 Endo explains that Dr. Cobuzzi’s testimony was requested in discovery in that litigation, and that Endo agreed to produce a copy subject to the confidentiality protections of the Protective Order in that case. Neither Complaint Counsel nor Impax, the only parties in the FTC’s administrative proceeding, objected to Endo’s motion. Although some of the material Endo seeks to release arguably could discuss information Impax regards as confidential, see Tr. 2525-26, Impax has had more than ten business days’ notice of Endo’s motion and has raised no objection. Cf. 16 C.F.R. § 3.31 at Appendix ¶ 11 (requiring ten business days’ notice before, in response to a discovery request in another matter, a party may produce confidential material submitted by another party or a third party). Under these circumstances, we see no reason to prevent Endo from releasing the testimony of its witness as described, and for the purpose set forth, in Endo’s motion. Accordingly, IT IS ORDERED that Non-Party Endo Pharmaceuticals Inc.’s Motion to Produce Certain In Camera Materials to MDL Plaintiffs is hereby GRANTED; and IT IS FURTHER ORDERED that orders in this administrative proceeding providing for in camera treatment remain in effect for all other purposes. By the Commission.

1 The MDL Plaintiffs are Direct Purchaser Plaintiffs Value Drug Company; Meijer, Inc. and MeijerDistribution Inc.; End-Payor Plaintiffs Plumbers and Pipefitters Local 178 Health & Welfare Trust Fund, Louisiana Health Service & Indemnity Company, d/b/a Blue Cross and Blue Shield of Louisiana, Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund, Wisconsin Masons’ Health Care Fund, Pennsylvania Employees Benefit Trust Fund, International Union of Operating Engineers, Local 138 Welfare Fund and Mary Davenport; and Retailer Plaintiffs Rite Aid Corporation, Rite Aid Hdqtrs. Corp., CVS Pharmacy, Inc., Walgreen Co., The Kroger Co., Safeway, Inc., HEB Grocery Company, L.P. and Albertson’s LLC. 2 The pertinent testimony appears in the transcript of this administrative proceeding at Tr. 2526:14 through 2538:18 and at Tr. 2608:12 through 2623:19.

529 IMPAX LABORATORIES, INC.

Interlocutory Orders, Etc.