Reports say Justices on the Supreme Court seemed skeptical of the pay-for-delay deals after Monday’s arguments, hinting that the Court may soon allow lawsuits against drugmakers for the agreements. Justice Elena Kagan stated that the agreements – in which brand name drugmakers pay for generic companies to keep their versions of drugs off shelves – act “to the detriment of consumers.” According to the Federal Trade Commission, 2012 yielded 40 pay-for-delay deals in the sector. Several companies have been sued for the deals, despite their argument that the agreements are valid patent settlements. Additionally, other Justices on Monday suggested they were disapproving of the FTC’s proposed method of determining whether the agreements hamper competition. Justice Anthony Kennedy said that a possible result could be banning brand name drugmakers from paying generic companies more than those companies would expect to be paid from winning patent lawsuits if brand name companies were to sue.
Full Content: Philly.com
Related Content: March 2013 Blog o’ Blogs
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
UK Probes Lindab’s Acquisition of HAS-Vent Amid Fears of Market Monopoly
Apr 28, 2024 by
CPI
Shein Faces EU Regulations Over User Data
Apr 28, 2024 by
CPI
Google Fights Back Against US Antitrust Lawsuit
Apr 28, 2024 by
CPI
US Homeland Security Establishes Blue-Ribbon Board with Tech CEOs to Advise on AI
Apr 28, 2024 by
CPI
FTC Accuses Amazon Executives of Using Disappearing Messaging Apps to Conceal Evidence
Apr 28, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI