The US FTC submits brief amicus curiae in a pay-for-delay case in which it supports the absence of a cash payment is not determinative in the pharmaceutical sector (In Re Effexor XR)

The Federal Trade Commission’s (FTC) battle against “reverse-payment” settlements continues. In an amicus brief recently submitted in the case of In re Effexor XR Antitrust Litigation, the FTC advanced a broad interpretation of the Supreme Court’s decision in FTC v. Actavis that looks beyond the labels applied to agreements between brand pharmaceutical manufacturers and the specific type of consideration provided to induce delayed generic entry. The FTC also outlines a two-step inquiry

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  • McDermott Will & Emery (Washington)

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Daniel Powers, The US FTC submits brief amicus curiae in a pay-for-delay case in which it supports the absence of a cash payment is not determinative in the pharmaceutical sector (In Re Effexor XR), 14 August 2013, e-Competitions Pay-for-delay agreements, Art. N° 92997

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