Supreme Court Mulls Case On Authorized Generics

Law360, New York (November 2, 2005, 12:00 AM EST) -- The heated debate over authorized generics is one step closer to being heard by the Supreme Court after justices asked the Department of Justice for its opinion in the Federal Trade Commission’s case against drug maker Schering Plough.

The FTC filed a petition of certiorari asking the court to evaluate whether authorized generics represent an unfair restriction on trade.

“In the two agreements at issue here, the generic manufacturers agreed to delay sale of their products until specified future dates in exchange for cash payments from...
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