Topic
Pay for Delay
47 published works
Regulatory Oversight
West Virginia AG Reaches $17M Settlement With Pfizer and Ranbaxy Over Antitrust and Consumer Protection Violation Claims
By Troutman Pepper Locke State Attorneys General Team, Melissa O’Donnell, Kyara Rivera Rivera
West Virginia Attorney General (AG) Patrick Morrisey announced a total $17 million settlement agreement with pharmaceutical companies, Pfizer and Ranbaxy after more than a decade of litigation regarding the companies'…
Cleary Antitrust Watch
Teva And Cephalon v. Commission (Case T-74/21): The General Court Continues To Uphold Pay-For-Delay Infringement Decisions
By Julia Blanco, Rith Tshimanga
On October 18, 2023, the General Court dismissed[1] the appeals of Teva Pharmaceutical Industries Ltd (“Teva”) and Cephalon Inc. (“Cephalon”) against the Commission’s decision imposing a €60.5 million fine on…
Inside Class Actions
Third Circuit Defends Ascertainability Requirement in Affirming Denial of Class Certification
The Third Circuit recently affirmed the denial of class certification to end-payor health plans that alleged that the defendant’s “pay-for-delay” settlement of patent infringement litigation inflated prices on a prescription…
Health Law Prof Blog
The Price Tag of ‘Pay-for-Delay’
Robin Feldman (UC Hastings Law), The Price Tag of 'Pay-for-Delay', SSRN:In a landmark decision nearly a decade ago, the Supreme Court opened the door for antitrust suits against brand and…
Covington Competition
The CJEU’s Lundbeck judgment
On 25 March 2021, the Court of Justice of the European Union (“CJEU”) dismissed the appeals by Lundbeck, Merck KGaA (and Generics UK), Arrow, Alpharma (and Xellia) and Ranbaxy, against…
Cleary Antitrust Watch
The Court of Justice’s Lundbeck Ruling Finds Nothing New Under the Sun for By-object Restrictions
On March 25, 2021, the Court of Justice dismissed the appeals of H. Lundbeck A/S and Lundbeck Limited (“Lundbeck”), as well as of certain generic drugmakers (“generics”),[1] against the General…
Cleary Antitrust Watch
Pay-for-Delay Again: Commission Fines Teva and Cephalon €60.5 Million for Delaying Entry of Cheaper Generic Medicine
On November 26, 2020, the Commission fined Teva and Cephalon a total of €60.5 million for entering into a pay-for-delay agreement in relation to a sleep disorder drug. This arrangement…
Take Stock: Federal Policy Watch
Pay for Delay Passes House of Representatives for First Time
As Congress focuses on how to drive down drug prices, there is bipartisan support for prohibiting reverse payment agreements, also known as “pay-for-delay” arrangements. These arrangements involve a brand-name pharmaceutical…
BioSlice Blog
Perindopril: Pay-for-delay but not as you know it
By John Schmidt
This week, the EU General Court partially overturned the EU Commission’s decisions in Perindopril (Servier v Commission and Krka v Commission). The judgment was handed down pretty much on the…
The Contingency
Big Pharma Faces More Pay-for-Delay Fallout
Pay-for-delay Listen up, direct purchasers of pharmaceuticals. Since 2013, pay-for-delay antitrust cases against Big Pharma could succeed if they alleged that a brand-name drug company had made "large and unjustified" payments…