Aventis, Andrx Illegally Restrained Trade

Aventis and Andrx Corp. improperly conspired to keep generic forms of the blood pressure drug Cardizem CD off the U.S. market, an appeals court ruled.

The court said the conduct was a classic example of an illegal restraint of trade. It upheld a ruling by a federal judge in Detroit who said a settlement of a patent suit filed by French drug maker Aventis against Andrx, its generic rival, violated U.S. antitrust laws.

Hoechst, which merged with Rhone-Poulenc in 1999 to create Aventis, was accused of agreeing in 1997 to pay Andrx almost $90 million between July 1998 and June 1999 to delay marketing a cheaper version of Cardizem for about a year. The companies maintain that the agreement was lawful.

Davie, Fla.-based Andrx said it would consider an appeal. Aventis spokeswoman Lise Geduldig said the company was disappointed with the ruling.