Review of Reverse-Payment Agreements: The Agencies, the Courts, Congress, and the European Commission
Elai Katz, William Rooney, Nov 01, 2009
Two bills seeking to ban reverse-payment agreements are currently pending in Congress, and the European Commission has declared that such agreements, depending on the circumstances, may violate European competition laws. Meanwhile, several U.S. Courts of Appeals have upheld reverse-payment settlements as lawful if the restrictions in the settlement are within the scope of the patent. This article provides an overview of the treatment of reverse-payment agreements by the agencies, the appellate courts, Congress, and the European Commission, without advocating a view on the legality of such agreements or the merits of court decisions, proposed legislation, or investigations relating to them.
Featured News
Senate Passes Sweeping College Sports Overhaul in Bipartisan Vote
Sep 28, 2026 by
CPI
Apple Ordered to Pay $5.7 Billion in Haptic Technology Patent Case
Sep 28, 2026 by
CPI
LinkedIn Seeks Dismissal of Revised US Antitrust Claims
Sep 28, 2026 by
CPI
Booking.com Drops External Price Checks From Key Program Under EU Digital Rules
Sep 28, 2026 by
CPI
Ofcom Blocks Openreach Fibre Discount on UK Competition Concerns
Sep 28, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – National Security
Sep 22, 2026 by
CPI
National Security in U.S. Antitrust Enforcement: Toward a More Disciplined Framework
Sep 22, 2026 by
Rod Rosenstein & Timothy Finley
The Department of War’s M&A Review Guidance: What Companies in the Defense Industry Need to Know
Sep 22, 2026 by
Eric Stocking & Paul Ney
National Security, Resilience and the Boundaries of Merger Control
Sep 22, 2026 by
Beatriz Marques
National Security and Competition: Building Resilient Telecommunications Networks
Sep 22, 2026 by
Roslyn Layton