As the US Supreme Court readies to officially rule on the so-called pay-for-delay schemes used by brand name drug companies to keep the often cheaper generic forms off the shelves, analysts are reportedly expecting ongoing complexities to emerge from the ruling. Further, the ruling will likely lead to more litigation to contest the deals by both the Federal Trade Commission and private parties. The Federal Trade Commission maintains that the pay-for-delay deals violate antitrust law and prevent consumers from having access to less expensive medications. Analysts are torn as to which way the Court is likely to rule.
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