Topic
Pay for Delay
47 published works
Antitrust Advocate
What to Expect From FTC during Trump Administration: New Leader Illuminates
By Carey Busen
On Jan. 25, President Trump named Maureen Ohlhausen as the Federal Trade Commission’s acting chairwoman. A recent speech by Ohlhausen, who has served as a commissioner for the FTC since…
Antitrust Alert
EU Court Confirms European Commission’s Decision on Pay-for-Delay Agreements
By Mélanie Bruneau, Wilko van Weert
On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck…
Antitrust Alert
General Court of the EU Confirms Fines Imposed on Lundbeck and Generic Drug Manufacturers for Entering into Patent Settlements
On 8 September 2016, the General Court of the EU (GCEU) handed down five judgments upholding a decision by the Commission of 19 June 2013 imposing fines on Lundbeck, an…
Antitrust Advocate
FTC’s Latest “Pay for Delay” Action Focuses on Noncash “Payments” and New “Product Hopping” Theory of Harm
The Federal Trade Commission (FTC) filed an antitrust complaint this week against Endo Pharmaceuticals and several generic companies, alleging that these companies entered into anticompetitive “reverse payment” settlements of patent…
BioLoquitur
Pay-For-Delay Holding Extends to “Other Unusual, Unexplained Transfer of Value”
Last month, the United States Court of Appeals for the Third Circuit overturned a district court’s dismissal of an antitrust suit challenging a Hatch-Waxman Act settlement that GlaxoSmithKline PLC (Glaxo)…
Antitrust Law Blog
Federal Trade Commission Continues March “to Set a Standard for the Industry” with Cephalon Settlement
On May 28, the Federal Trade Commission (“FTC”) announced it had reached a $1.2 billion settlement with Teva Pharmaceuticals,[1] which acquired Cephalon in 2012, over reverse payment for its narcolepsy…
Class Action Lawsuit Defense
Status of Pay-for-Delay Cases Nearly Two Years After Actavis – “It ain’t over ’til it’s over.”
Nearly two years ago the Supreme Court issued its opinion in FTC v. Actavis, 133 S. Ct. 2223 (2013), holding that a reverse payment made by a brand manufacturer to…
Inside EU Life Sciences
Johnson & Johnson / Novartis: Another Pay-For-Delay Down for the European Commission
On 11 December 2013, the European Commission (“Commission”) sanctioned pharmaceutical firms Johnson & Johnson and Novartis with fines totaling EUR 16.3 million over a co-promotion agreement which allegedly delayed the…
Antitrust Alert
Pay-for-delay to Stay FTC’s Top Priority
In a recent interview, Federal Trade Commission (FTC) Bureau of Competition chairwoman Deborah Feinstein announced that targeting pay-for-delay arrangements by pharmaceutical companies would continue as a top priority for the…
Focus on Regulation
Federal judge allows Nexium reverse payment patent settlement suit to proceed
By Robert Leibenluft, Lauren Battaglia, Leigh Oliver
Last week a federal judge in Massachusetts largely denied a series of motions seeking dismissal of various “pay-for-delay” claims brought by direct and indirect purchasers involving AstraZeneca's acid reflux drug…