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ARTICLE · 22 APRIL 2015

FTC Seeks To Secure First Disgorgement In Nearly A Decade

Disgorgement has long been viewed as a remedy reserved only for the most egregious antitrust violations, such as price fixing.

United StatesAntitrust/Competition Law

The FTC announced yesterday that Cardinal Health, Inc. ("Cardinal") has agreed to pay $26.8 million to resolve its investigation into the company's alleged anticompetitive behavior. If approved by a federal court, the settlement would mark the FTC's first disgorgement obtained in a competition case in nearly a decade and would stand as the second-highest antitrust disgorgement deal ever.

In a Complaint filed in the Southern District of New York, the FTC outlined a pattern of conduct by Cardinal aimed at monopolizing the market for the sale and distribution of radiopharmaceuticals. Radiopharmaceuticals -- drugs that are prepared by combining a radioactive isotope with a chemical agent -- are compounded and distributed by radiopharmacies. These drugs are used in a variety of nuclear imaging procedures, such as cardiac stress tests. Cardinal became the nation's largest operator of radiopharmacies following its acquisition of Syncor International in 2003 and Geodax

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