In FTC v. Actavis, the Supreme Court ruled that settlements by which brand drug companies pay generics to delay entering the market could violate antitrust law. In In the Matter of Impax Laboratories, the Federal Trade Commission (FTC or Commission) offered its first elaboration upon this framework. On behalf of all 5 members, Commissioner Noah Joshua Phillips wrote an opinion that was comprehensive, thoughtful, and consistent with Actavis. The Impax ruling presents a model for future analyses of pay-for-delay settlements. Setting From its opening sentence, the Commission made clear that its opinion would be balanced, quoting the Constitution, which “empowers Congress to ‘promote the progress of science and useful arts’ by creating intellectual property rights, including patents.” In
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The US FTC reverses Administrative Law Judge decision, finding Section 5 violation for reverse-payment settlement (Endo / Impax)
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