CASE COMMENTS: FOREIGN CASE LAW – PRIVATE ENFORCEMENT – INTELLECTUAL PROPERTY RIGHTS – REVERSE PAYMENT AGREEMENTS – CLASS ACTIONS

United States: The Court of Appeals for the First Circuit agrees that non-cash Reverse Payment are subject to antitrust scrutiny (Loestrin)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The pharmaceutical sector and the marketing of medicinal products are areas in which federal competition law is now commonplace. The major pharmaceutical companies are regularly confronted with antitrust actions. Sometimes it is the law of monopolization that is enforced, when the company is the only one to market a drug. This is currently the case with the lawsuit based on illicit tied selling that Sanofi is facing in the MCV4 vaccine case: a battle of expert economists took place and Sanofi has just lost the first round, with the validation of the reliability of the opposing expert opinions and the conditions for certification of a class action (Adriana

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Jean-Christophe Roda, United States: The Court of Appeals for the First Circuit agrees that non-cash Reverse Payment are subject to antitrust scrutiny (Loestrin), 22 February 2016, Concurrences N° 2-2016, Art. N° 79553, pp. 237-240

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