FTC Tells Justices Pay-For-Delay 'Presumptively Unlawful'

Law360, New York (January 23, 2013, 5:01 PM EST) -- The Federal Trade Commission told the U.S. Supreme Court on Tuesday that pay-for-delay settlements should be presumed anti-competitive and that they circumvent lawmakers' intent to keep drug costs low through market competition, comparing the deals to more traditional horizontal business arrangements that flout antitrust laws.  

The FTC, a long-time opponent of pay-for-delay settlements, filed a petitioners brief with the Supreme Court in a case challenging patent settlements Solvay Pharmaceuticals Inc. inked with several generic drugmakers to protect its low-testosterone treatment, AndroGel. The court has agreed...
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