The U.S. FTC issues a report on authorized generic drugs expressing concern that they are being used to delay generic competition

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 U.S. FTC issues a report on authorized generic drugs expressing concern that they are being used to delay generic competition, 31 August 2011, e-Competitions Patents Settlements, Art. N° 40176

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