Justices say pay-for-delay deals with generic drug makers subject to antitrust 'rule of reason'

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In Federal Trade Commission v. Actavis, the Supreme Court held 5-3 that trial courts must apply the traditional "rule of reason" to determine whether reverse-payment settlement agreements between Pharmaceutical Brand companies and generic companies violate the antitrust laws. The Actavis court thus settled on a case-by-case approach rather than either blessing or condemning the challenged agreements.

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Published In: Antitrust & Trade Regulation Updates, Civil Procedure Updates, General Business Updates, Health Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jarod Bona, Bona Law PC | Attorney Advertising

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