As previously reported on this blog, in January 2009, the Federal Trade Commission launched its latest challenge to the legality of reverse payment settlements in the pharmaceutical industry, this time directed at two settlements involving the brand-name drug AndroGel. A full year later, on February 22, 2010, the United States District Court for the Northern District of Georgia dismissed the FTC's complaint for failure to state a claim. In re: AndroGel Antitrust Litig. (No. II), 1:09-md-02084-TWT, slip op. (N.D. Ga. Feb. 22, 2010). This is the latest in a series of setbacks for the FTC in its long-standing bid to persuade courts that reverse payment settlements are anticompetitive and pose significant harm to consumer welfare.
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