The US Federal Trade Commission again moves forward against "reverse payment settlements" in pharmaceutical patent settlements (Cephalon)

On February 13th, 2008 the Federal Trade Commission (“FTC”) filed a complaint in the U.S. District Court for the District of Columbia charging Cephalon, Inc. with illegally preventing competition to its branded drug Provigil. In its complaint the FTC alleges that Cephalon, through patent litigation settlement agreements, illegally extended its monopoly over Provigil by paying four generic drug manufacturers to delay entry into the market. Despite rulings by a number of intermediate appellate courts that similar settlement agreements do not facially violate the antitrust laws, the FTC has made clear its intention to challenge these rulings by bringing actions in other federal circuits, ostensibly in hopes of creating a split in authority and thereby obtain Supreme Court review of the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Allen & Overy (New York)
  • RPCK Rastegar Panchal

Quotation

Todd S. Fishman, Chintan Panchal, The US Federal Trade Commission again moves forward against "reverse payment settlements" in pharmaceutical patent settlements (Cephalon), 13 February 2008, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 16047

Visites 5790

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues