Supreme Court rules that "pay for delay" agreement restrains trade

06/18/2013

Yesterday the U.S. Supreme Court announced a 5-3 decision in FTC v. Actavis which ends the legal presumption that “pay for delay” agreements among branded and generic drug companies are legal. The decision will allow the FTC to challenge and block these agreements when it finds them to reduce competition from other generic drug companies. “While not unexpected, this decision effectively will shorten the patent protection period for many drugs, shortening the time a company can recoup its development costs,” said Coalition for Healthcare Communication Executive Director John Kamp. Read more.
Catch additional coverage of the decision from The Wall Street Journal, Reuters and CNBC.

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