The US FTC issues a report on pharmaceutical patent settlements scrutinizing their interplay with authorized generics

U.S. FTC Scrutinizes Interplay Between Authorized Generics and Patent Settlements* The U.S. Federal Trade Commission has recently released two reports relating to the pharmaceutical industry. A significant theme in both reports is a concern that brand name pharmaceutical companies are using the threat of launching an authorized generic to make deals that delay generic entry. These reports shine a spotlight on the interplay between authorized generics and pharmaceutical patent settlements, and indicate strong FTC opposition to a practice that has never been found unlawful. Report on Authorized Generics On August 31, the FTC issued its final report analyzing the competitive significance of authorized generics. In the U.S., generic pharmaceutical products are typically sold by

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  • Gibson Dunn (New York)

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Eric Stock, The US FTC issues a report on pharmaceutical patent settlements scrutinizing their interplay with authorized generics, 25 October 2011, e-Competitions Bulletin Exclusivity clause, Art. N° 40177

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