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Courts’ Prescription for Reverse-Payment Settlements Still Unknown Almost a Year After FTC v. Actavis

BY | April 29, 2014

This article is part of a Chronicle. See more from this Chronicle Ankur Kapoor, Rosa Morales, Apr 29, 2014 Nearly a year after the Supreme Court held in FTC v.…

This article is part of a Chronicle. See more from this Chronicle

Ankur Kapoor, Rosa Morales, Apr 29, 2014

Nearly a year after the Supreme Court held in FTC v. Actavis that reverse-payment settlement agreements between branded and generic pharmaceutical companies are subject to antitrust scrutiny under the rule of reason, federal district courts are still struggling with such threshold questions as what constitutes a “payment” subject to antitrust challenge and whether only a moneta

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