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Expert Analysis

FTC Is No Longer DOJ's Little Brother In Antitrust Remedies

Law360, New York (April 30, 2015, 3:52 PM EDT) -- The U.S. District Court for the Eastern District of Pennsylvania recently ruled in favor of the Federal Trade Commission in an unfair trade practices enforcement action against Cephalon Inc. (as the holder of several pharmaceutical patents), by ordering Cephalon be disgorged of ill-gotten gains obtained through settlement with competitors over disputed patent use. Following what initially appeared to be a benign change in FTC policy in 2012, the FTC altered its arguments in FTC v. Cephalon Inc. midlitigation, the end result of which may signal a sea change in the breadth of the FTC's enforcement capacity....

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