Pay-for-Delay: When Drug Companies Agree Not to Compete
One of the FTC’s top priorities in recent years has been to oppose a costly legal tactic that more and more branded drug manufacturers have been using to stifle competition from lower-cost generic medicines. These drug makers have been able to sidestep competition by offering patent settlements that pay generic companies not to bring lower-cost alternatives to market. These “pay-for-delay” patent settlements effectively block all other generic drug competition for a growing number of branded drugs. According to an FTC study, these anticompetitive deals cost consumers and taxpayers $3.5 billion in higher drug costs every year. Since 2001, the FTC has filed a number of lawsuits to stop these deals, and it supports legislation to end such “pay-for-delay” settlements.
- FTC Files Amicus Brief in Bystolic Antitrust Litigation Supporting Competition in the Hypertension Drug Market ( )
- U.S. Court of Appeals for the Fifth Circuit Upholds FTC’s Opinion against Generic Pharmaceutical Company Impax Laboratories, LLC ( )
- FTC Again Charges Endo and Impax with Illegally Preventing Competition in U.S. Market for Oxymorphone ER ( )
- FTC Staff Issues FY 2017 Report on Branded Drug Firms' Patent Settlements with Generic Competitors ( )
- Pharmaceutical Agreement Filing Procedures Updated ( )
- FTC Staff Issues FY 2016 Report on Branded Drug Firms’ Patent Settlements with Generic Competitors ( )
- FTC Concludes that Impax Entered into Illegal Pay-for-Delay Agreement ( )
- Last Remaining Defendant Settles FTC Suit that Led to Landmark Supreme Court Ruling on Drug Company “Reverse Payments” ( )
- FTC Enters Global Settlement to Resolve Reverse-Payment Charges against Teva ( )
- FTC Amicus Brief Urges Federal District Court Not to Categorically Exempt Hatch Waxman Suits from Antitrust Scrutiny as Potential Sham Litigations ( )
- Administrative Law Judge Dismisses FTC Antitrust Complaint against Generic Pharmaceutical Company Impax Laboratories, Inc. ( )
- FTC to Hold Workshop on Examining Competition Issues Related to Prescription Drug Markets ( )
- FTC Staff Issues FY 2015 Report on Branded Drug Firms’ Patent Settlements with Generic Competitors ( )
- FTC Announces Agenda for November 8 Workshop on Examining Competition Issues Related to Prescription Drug Markets ( )
- FTC to Conduct Workshop on November 8, Examining Competition Issues Related to Prescription Drug Markets ( )
- FTC Testifies before House Judiciary Committee’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law about Antitrust Concerns and the FDA Approval Process ( )
- Federal Trade Commission Approves Appointment of Monitor in Pay-for-Delay Case against Endo Pharmaceuticals Inc. ( )
- FTC Sues Endo Pharmaceuticals Inc. and Others for Illegally Blocking Lower-Cost Generic Versions of the Branded Drugs Opana ER and Lidoderm ( )
- FTC Report on Drug Patent Settlements Shows Potential Pay-for-Delay Deals Decreased Substantially in the First Year Since Supreme Court’s Actavis Decision ( )
- FTC Settlement of Cephalon Pay for Delay Case Ensures $1.2 Billion in Ill-Gotten Gains Relinquished; Refunds Will Go To Purchasers Affected By Anticompetitive Tactics ( )
- MMA Reports: No tricks or treats—just facts( )
- Then, now, and down the road: Trends in pharmaceutical patent settlements after FTC v. Actavis( )
- Quo Vadis Post-Actavis?( )
- Antitrust Violation vs. Injury-in-Fact: A distinction that makes a difference( )
- Is FTC v. Actavis Causing Pharma Companies to Change Their Behavior?( )
- Prepared Statement of the Federal Trade Commission on "Antitrust Concerns and the FDA Approval Process,” Before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the Judiciary Committee, United States House of Representatives ( )
- FTC Research, Enforcement, and Advocacy at the Intersection of Antitrust and IP ( )
- Opening Remarks by FTC Chairwoman Edith Ramirez at Cephalon/Teva Settlement Press Conference ( )
- Statement of the Federal Trade Commission FTC v. Cephalon, Inc. ( )
- Remarks of Commissioner Terrell McSweeny (As Prepared For Delivery), 2015 Annual Antitrust Spring Seminar ( )
- Remarks at the American Antitrust Institute Private Antitrust Enforcement Conference ( )
- Dissenting Statement of Commissioner Maureen K. Ohlhausen - In the Matter of AmeriGas and Blue Rhino ( )
- Prepared Statement of the Federal Trade Commission On "Oversight of the Enforcement of the Antitrust Laws" ( )
- A Discussion with FTC Commissioner Maureen K. Ohlhausen ( )
- Statement of Chairwoman Edith Ramirez on “Pay-for- Delay” Settlements ( )
- Prepared Statement of the Federal Trade Commission On Pay-For-Delay Deals: Limiting Competition and Costing Consumers ( )
- Agreements Filed With the Federal Trade Commission Under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003: Overview of Agreements Filed In Fiscal Year 2017: A Report By the Bureau of Competition ( )
- Agreements Filed With the Federal Trade Commission Under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003: Overview of Agreements Filed In Fiscal Year 2016: A Report By the Bureau of Competition ( )
- Agreements Filled With the Federal Trade Commission Under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003: Overview of Agreements Filed In Fiscal Year 2014: A Report By the Bureau of Competition ( )
- Agreements Filled With the Federal Trade Commission Under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003: Overview of Agreements Filed In Fiscal Year 2013: A Report By the Bureau of Competition ( )
- Prepared Statement of the Federal Trade Commission on "Antitrust Concerns and the FDA Approval Process,” Before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the Judiciary Committee, United States House of Representatives ( )
- Prepared Statement of the Federal Trade Commission On "Oversight of the Enforcement of the Antitrust Laws" ( )
- Prepared Statement of the Federal Trade Commission On Pay-For-Delay Deals: Limiting Competition and Costing Consumers ( )