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FTC Says Likely Pay-For-Delay Deals Are Down

Law360 (May 23, 2019, 7:54 PM EDT) -- The Federal Trade Commission said Thursday that despite an increase in the number of settlements between branded and generic-drug makers in 2016, fewer deals included the types of reverse payments that are likely to be anticompetitive.

The FTC’s Competition Bureau released its third snapshot of Hatch-Waxman settlements since the Supreme Court ruled in FTC v. Actavis that reverse payments from a branded drug manufacturer to a generic competitor to settle patent litigation can violate antitrust laws.

The report found that only one of the 232 settlements in the latest review period included a clear form of compensation to the generic maker...

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