Dinner in honor of Joshua Wright & Eric Stock

Joshua D. Wright - FTC Commissioner - and Eric Stock - Chief of the NY Attorney General Antitrust Bureau - delivered remarks about the U.S. Supreme Court’s recent “reverse payment” settlement decision in FTC v. Actavis at the Concurrences Journal Annual Dinner. A summary of those remarks follows [1]. Dinner sponsored by Bates & White. Debate chaired by Ilene Gotts - Wachtell, Lipton, Rosen & Katz.

Joshua D. Wright (FTC Commissioner)

In June 2013, the Supreme Court ruled in FTC v. Actavis that reverse payment settlement agreements between branded and generic pharmaceutical companies are subject to antitrust scrutiny and should be analyzed under the traditional, but not necessarily full-blown, rule-of-reason. The Court’s decision represents a significant victory for the Federal Trade Commission because it brings these agreements firmly within the scope of the antitrust laws and rejects the “scope of the patent” test.

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[1Views expressed are strictly personal.


  • Wachtell Lipton Rosen & Katz (New York)
  • George Mason University (Fairfax)
  • Gibson Dunn (New York)
  • Bates White (Washington)