Loestrin Ruling Signals Non-Cash Deals Won't Evade Actavis

Law360, New York (February 23, 2016, 10:44 PM EST) -- With its ruling Monday that Warner Chilcott’s noncash settlements with generics makers over its contraceptive Loestrin could face antitrust scrutiny, the First Circuit fell into line with other courts and brought some possible closure to the debate over whether a "payment" under the U.S. Supreme Court's Actavis decision must be cash, attorneys say.

The First Circuit opinion echoed a prior Third Circuit ruling in its finding that noncash "reverse" payments meant to delay the release of competing generics could be targeted as anti-competitive under the high...
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