District Courts Grapple With High Court's Actavis Ruling

Law360, New York (March 24, 2014, 11:52 AM EDT) -- In Federal Trade Commission v. Actavis Inc., 570 U.S. __, 133 S. Ct. 2223 (June 17, 2013), the U.S. Supreme Court instructed lower courts to apply antitrust law's rule-of-reason test to so-called reverse payment cases. The court offered limited direction, preferring to "leave to the lower courts the structuring of the present rule of reason." The court has been criticized for failing to provide more complete guidance. Eight months later, three district courts have looked to Actavis for guidance — and even before reaching the analytical framework, they have reached conflicting interpretations of the definition of "reverse payment."

Actavis resolved a...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!