FTC Tells Congress To Scrap Pay-For-Delay

Law360, New York (January 13, 2010, 5:47 PM EST) -- The Federal Trade Commission has called for Congress to ban pay-for-delay in its health care reform package, saying that the settlements between generic drugmakers and their brand-name rivals will cost consumers and the government $35 billion over the next 10 years.

Drugmakers struck pay-for-delay deals 19 times in 2009, up from zero as recently as 2004, the FTC said in a report released Wednesday. In pay-for-delay settlements, generic drugmakers sued by their brand-name competition for patent infringement agree to take money and delay the introduction of...
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