FTC Eyes Evolving Pay-For-Delay Drug Deals

Law360, New York (September 1, 2011, 7:20 PM EDT) -- The Federal Trade Commission indicated Wednesday that it would take a hard-line approach to pay-for-delay deals in which brand-name drugmakers promise not to introduce their own generic treatments in exchange for competitors delaying entry to the market.

Facing numerous, if largely unsuccessful, challenges to traditional pay-for-delay settlements from the FTC, brand-name pharmaceutical companies are increasingly making deals to stall their authorized generics instead, according to an agency report on authorized generics

The FTC — which has run into problems convincing the judiciary to block litigation settlements...
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