Amgen has only recently entered the European market with Aranesp, a longer-lasting version of EPO.
With a smaller commitment on Aranesp the Neulasta rebate would be as low as 4%.
The new drug, called Aranesp or darbepoetin, was not on the IOC's banned drugs list.
Last fall, Amgen introduced a new, longer-lasting version of Epogen called Aranesp, or darbepoetin.
Once again a trial testing the erythropoiesis-stimulating agent darbepoetin alfa (Aranesp, Amgen) has produced a negative result.
Aranesp is approved to treat anemia in chemotherapy patients and in anemia patients with chronic kidney disease.
FORBES: Amgen Pleads Guilty To Misbranding Anemia Drug Aranesp
Joshua Ofman is a vice president at Amgen, which makes two of the anemia drugs - Aranesp and Epogen.
The government accused Amgen of marketing Aranesp for indications not approved by the FDA and other illegal marketing practices.
FORBES: Amgen Pleads Guilty To Misbranding Anemia Drug Aranesp
Roche hopes it can be given once every three to four weeks, versus twice a month for Amgen's Aranesp.
Newer tests that may pick up EPO use can not detect Aranesp, Amgen's newer, longer-lasting version of the protein.
Even if the testers could somehow eliminate all use of EPO and Aranesp, the battle would hardly be over.
Some were scared that Amgen's Aranesp, used to relieve anemia caused by chemotherapy, would get yanked from the market entirely.
The Amgen pharmaceutical, called Aranesp, may not be approved for a year, says Mara Goldstein, analyst at CIBC World Markets.
Now Aranesp controls 26% of the U.S. anemia market versus 38% for Procrit and is gaining share, according to IMS Health.
Amgen says it has new studies showing Aranesp works with monthly dosing and doesn't know what advantage the Roche product would bring.
He stopped buying Aranesp from Amgen a year ago in response to the company's decision to tie Neulasta rebates to Aranesp purchases.
But the IOC developed a test for Aranesp and checked for it anyway, claiming that the new drug is a related substance.
The insurer cites research that shows Procrit is less expensive than Aranesp.
To further boost sales of Aranesp, in 2004 Amgen began tying rebates on another of its big-selling drugs, Neulasta, to purchases of Aranesp.
Biotechnology giant Amgen today pleaded guilty in federal court to a misdemeanor charge of misbranding Aranesp (darbepoetin alfa), its highly successful anemia drug.
FORBES: Amgen Pleads Guilty To Misbranding Anemia Drug Aranesp
Amgen acknowledges that the best discounts are earned by customers who purchase both Aranesp and Neulasta, but it denies that its contract is coercive.
Amgen (nasdaq: AMGN - news - people ), which recently launched a new anemia drug, Aranesp, might also see its market share increase.
According to IMS Health's data, Pfizer makes three of the top 20 drugs in the U.S. Amgen makes four of them, including Aranesp, Epogen, Neulasta and Enbrel.
They buy very little Aranesp now, and their rebate on Neulasta has fallen so much that they lose money when treating patients on Medicare with the drug.
Amgen shares are up 2.4% on a decision by Medicare not to make a decision regarding how doctors should use its anemia drug Aranesp in kidney dialysis patients.
But Amgen will release a follow-up version of the drug called Aranesp that needs to be taken less often and is expected to grab a lot of the anemia market.
And Amgen's saving grace may be a new version of the drug that saved it: a new version of Epogen, called Aranesp, will need to be injected into patients less often.
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