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Expert Analysis

Antitrust Challenges To FDA Citizen Petitions: Part 2

Law360, New York (April 13, 2012, 1:07 PM EDT) -- In this two-part series, we examine recent antitrust challenges brought by generic firms against branded firms for abuse of the U.S. Food and Drug Administration citizen petition process. In part one, which was published on April 6, we set forth the framework for analyzing these types of claims under the antitrust laws, including the ways in which the citizen petition process may be used to block or delay generic competition, the enactment of legislation to curb potential abuse of the citizen petition process, and the interplay between monopolization claims based on this conduct and the Noerr-Pennington doctrine.[1]...

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