Bayer Pay-For-Delay Deal A Taste Of Post-Actavis Climate

Law360, New York (November 19, 2013, 9:27 PM EST) -- Bayer Corp.’s $74 million payout last week to escape a consumer class action over pay-for-delay deals with generic-drug makers will likely be the first of many settlements to come, experts say, as manufacturers wrestle with the U.S. Supreme Court’s new and highly complex framework for evaluating the legality of financial agreements to sideline competition.

The settlement, first disclosed in July and finalized Friday, was the first such resolution publicized since the high court’s June ruling in Federal Trade Commission v. Actavis. It also appears to be...
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