In Cephalon Case, FTC Hopes For High Court Ruling

Law360, New York (May 1, 2008, 12:00 AM EDT) -- Despite its recent failure to challenge “pay for delay” settlements between generic-drug makers and brand-name-drug makers in court, the U.S. Federal Trade Commission has indicated its intent to continue to fight such deals, most recently pursuing a widely watched monopolization claim against Cephalon Inc. that could lead to a battle in the U.S. Supreme Court and push Congress to take action.

The FTC confirmed its continued attention to these pay-for-delay, or reverse payment, settlements — in which a brand-name company agrees to pay the generics company...
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