Blog Posts Tagged with pay for delay

Then, now, and down the road: Trends in pharmaceutical patent settlements after FTC v. Actavis

By: Jamie Towey and Brad Albert, Bureau of Competition | May 28, 2019 12:23PM

Last week, Bureau of Competition staff published a report on filings received in fiscal year (FY) 2016 under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), the thirteenth such report since the MMA took effect in 2004.

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Quo Vadis Post-Actavis?

By: Jamie Towey, Bureau of Competition | Mar 30, 2016 3:41PM

For more than 15 years, one of the FTC’s top priorities has been to put an end to anticompetitive reverse-payment settlements between brand-name drug makers and their potential generic rivals. In our view, these settlements are anticompetitive agreements not to compete in which the brand pays the generic to refrain from marketing a lower cost, generic product for a period of time.

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Antitrust Violation vs. Injury-in-Fact: A distinction that makes a difference

By: Dan Butrymowicz, Bureau of Competition | Feb 26, 2016 11:16AM

There is a basic but important difference between antitrust cases brought by the government and those brought by private parties: All plaintiffs, including government enforcers like the FTC, must prove an antitrust violation, which requires showing harm to competition. But private plaintiffs must make an additional showing: to establish antitrust ‘standing,’ private plaintiffs must prove that the antitrust violation caused harm to them.

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