FTC Fought Long, Hard Battle Against Pay-For-Delay Deals

Law360, New York (June 17, 2013, 8:29 PM EDT) -- When the U.S. Supreme Court ruled Monday that so-called pay-for-delay settlements between branded drugmakers and generic rivals could face antitrust scrutiny, it represented a huge win for the Federal Trade Commission in its decadelong, roller-coaster fight to outlaw the arrangements.

The high court's ruling didn't go as far as the agency wanted, which was a declaration that the settlements are presumptively illegal. But the justices did say lower courts would have to consider whether the pacts were anti-competitive, a reversal of earlier decisions that said the...
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