In 2013, the United States Supreme Court significantly changed the landscape of patent settlements in the pharmaceutical industry with its FTC v. Actavis, Inc. decision. In Actavis, the Court held that certain types of...more
Prior to the State Antitrust Enforcement Venue Act—which was signed into US law on December 29, 2022 as part of the omnibus spending bill—the Judicial Panel on Multidistrict Litigation (JPML) had the power to transfer and...more
On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the...more
Citing concerns about growing consolidation, reduced competition, and increasing prices, President Biden issued on July 9, 2021 a sweeping Executive Order containing 72 initiatives to address competition concerns in a number...more
On June 24, 2021, H.R. 3849, the Augmenting Compatibility and Competition by Enabling Service Switching Act ("ACCESS Act"), was amended by the Committee on the Judiciary and ordered to be reported to the House of...more
The new Executive Order includes 72 initiatives instructing more than a dozen federal agencies to consider adopting rules intended to enhance competition.
A new Executive Order signed by President Biden includes 72...more
New challenges may lie ahead for the pharmaceutical industry -
What’s next for drug pricing in the US?
Proposals to alter antitrust and patent laws may signal a renewed focus on drug pricing by federal lawmakers,...more
Sen. Hawley's "Trust-Busting for the Twenty-First Century Act," introduced on April 12, 2021, takes aim at "Big Tech, Big Banks, Big Telecom, and Big Pharma" by proposing to curb mergers and acquisitions by large corporations...more
On October 7, 2019, California became the first state to enact legislation—Assembly Bill 824 ("AB 824")—rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive. This alert...more
10/18/2019
/ Anti-Competitive ,
Antitrust Violations ,
Burden-Shifting ,
Civil Monetary Penalty ,
Damages ,
Erie Doctrine ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Judicial Review ,
Patent Litigation ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Rebuttable Presumptions ,
Retroactive Application ,
Reverse Payment Settlement Agreements ,
Rule-of-Reason Analysis ,
State Legislatures