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Antitrust in the pharmaceutical sector: An overview of US case law

The issues presented by pharmaceutical antitrust law are vital to national economies and patients’ lives. They implicate patent law, antitrust law, and various regulations. They occur in unique markets in which the entity prescribing the drug is not the one paying for it. And they rely on patents but also are marked by complexity, which creates room for anticompetitive conduct. The articles in this symposium shed light on these topics. 1. Settlements The first category of behavior involves agreements by which brand-name drug companies settle patent litigation with generic firms. These agreements sometimes raise antitrust concern because a brand pays a generic to delay entering the market. In 2013, in the landmark case of FTC v. Actavis, the U.S. Supreme Court found that these

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Michael A. Carrier, Antitrust in the pharmaceutical sector: An overview of US case law, 18 October 2018, e-Competitions US Pharmaceutical sector, Art. N° 88026

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