Reverse-payment settlements between brand name and generic drug companies have
remained a staple hot-button issue in the antitrust community for more than a decade. In some antitrust circles, simply mentioning the term elicits passionate views and leads to heated debate from both sides of the table. Now, with the Supreme Court’s grant of certiorari in FTC v. Actavis and oral argument scheduled for March 25th, the antitrust community will soon have the answers that it’s been waiting for. Or will we?
In advance of oral argument and an eventual ruling from the high court, the editors of The Chronicle wanted to solicit the views and predictions of scholars, experts, and
practitioners that have given much thought to the reverse-payment issue. The end result is the Q&A discussion below.
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