Understanding Generic Drug Antitrust Litigation: A Look at “Pay For Delay” and FTC v. Actavis


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About This Course

In 2013, the United States Supreme Court issued a decision involving patent and antitrust law in Federal Trade Commission v. Actavis, Inc., 570 U.S. , 133 S. Ct. 2,rns (2013). The Court held that a "pay for delay" or "reverse payment" settlement agreement between a brand name pharmaceutical company and a generic pharmaceutical company to delay generic entry could constitute a violation of the antitrust laws. The Court identified a number of factors lower courts should consider under the "rule of reason" when analyzing a "pay for delay" or "reverse payment" settlement agreement under the antitrust laws. This seminar will provide a brief background on the antitrust laws and then delve into the Hatch-Waxman Act, which provides the framework for generic drugs to quickly and efficiently come to market. The presentation will focus on the "brand maturation strategies" pharmaceutical companies employ to allegedly prevent or delay generic entry and the Actavis decision. It will provide a greater understanding of the "pay for delay" or "reverse payment" generic drug antitrust litigations brought on behalf of wholesalers, retailers, prescription drug insurers and consumers against branded and generic pharmaceutical companies. The presentation has been prepared for non­ antitrust/patent lawyers in order to make the relevant regulatory and antitrust laws straightforward and easy to comprehend.

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