Generic Drug Cos. Invoke FTC Restitution Limits Against AGs

Law360 (May 6, 2021, 7:41 PM EDT) -- The potential influence of the U.S. Supreme Court decision striking down the Federal Trade Commission's claimed authority to recover ill-gotten gains in federal court continues to spread, with generic-drug makers citing the ruling Wednesday to fight state attorneys general's price-fixing claims in sprawling Pennsylvania federal court litigation.  

The justices' unanimous decision in AMG Capital v. FTC bolsters arguments that the state enforcers, suing alongside a host of private plaintiffs in the multidistrict litigation, cannot pursue financial penalties, the generic-drug makers said in notices supplementing their motions to dismiss two of the attorneys general's three complaints.

The April 22 high court decision has already been...

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