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SCOTUS: FTC May Scrutinize Deals to Keep Generic Drugs Off the Market

Big Law
Written by  PLP News

A majority of the nation's top justices held that the Federal Trade Commission may pursue antitrust cases against brand-name drug companies that pay to keep generic versions of their products off the market, The New York Times reports.

In the decision, Federal Trade Commission v. Actavis, the Supreme Court reversed an 11th Circuit Court of Appeals decision throwing out a case in which the FTC claims that one of these so-called pay-for-delay agreements represents an unlawful restraint of trade. From now on, the U.S. Supreme Court held, such agreements: (1) aren't necessarily anticompetitive if they do not keep a generic off the market for longer than the drug's patent term, and; (2) must be considered in the context of their possible benefits for consumers.

Read the full article from The New York Times here.

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