Nearly seven years. That’s how long the Federal Trade Commission has been fighting to get documents from drugmaker Boehringer Ingelheim Pharmaceuticals Inc. in an antitrust investigation related to its stroke-prevention drug Aggrenox.
The agency is no stranger to subpoena fights, but this dispute — over documents that the FTC calls “nonlegal business information” and Boehringer says are protected attorney work product — is one of the longest in recent memory at the agency. It’s already generated reams of court filings — even though the FTC has yet to determine if the company’s deal to delay generic Aggrenox violated antitrust laws.
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