FTC V. Actavis: Reconciling Conflicts In Rule Of Reason
July 2, 2013, 5:55 PM EDT
Law360, New York (July 2, 2013, 5:55 PM EDT) -- The U.S. Supreme Court’s June 17 decision in Federal Trade Commission v. Actavis has already spawned a cascade of commentary. Its core holding has big implications for the pharmaceutical industry: The court concluded that lower courts were wrong to dismiss the FTC’s complaint challenging a “reverse payment” agreement where the patent-holder allegedly paid generic drug companies, the putative infringers, to delay their generic entry.
But contained in the final section of the court’s decision is a discussion of "rule of reason" that stretches beyond one industry...