Key developments in "reverse payment" dispute: the Supreme Court agrees to weigh in, and a NJ court refuses to condemn exclusive authorized generics *

USA - December 17 2012
This past week saw two key developments in the legal dispute over patent settlements including so-called “reverse payments.”

Co-authors: Robert F. Leibenluft, Eric Stock.

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Likely antitrust enforcement during President Obama’s second term *

USA - November 9 2012
During the 2008 presidential campaign, Barack Obama pledged to “reinvigorate antitrust enforcement” and “step up review of merger activity” because the federal antitrust agencies – the Antitrust Division of the Department of Justice (Antitrust Division) and the Federal Trade Commission (FTC) – had not been aggressive during President George W. Bush’s two terms, particularly regarding merger enforcement and single-firm conduct.

Co-authors: Logan M. Breed, Janet L. McDavid.

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FTC issues advisory opinion approving drug shortage initiative *

USA - August 14 2012
On 8 August 2012, the Federal Trade Commission (FTC) issued an advisory letter concluding that an initiative proposed by the Generic Pharmaceutical Association (GPhA) to address drug shortages is unlikely to harm competition.

Co-authors: Leigh L. Oliver, Robert F. Leibenluft, Eric Stock, Lauren E. Battaglia .

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Third Circuit rules in favor of FTC view on pharmaceutical patent settlements: next stop, Supreme Court? *

USA - July 19 2012
On 16 July 2012, the U.S. Court of Appeals for the Third Circuit issued a decision holding that pharmaceutical patent settlements that restrict generic entry and contain a payment to the generic company are presumptively unlawful under the antitrust laws.

Co-authors: Janet L. McDavid, Robert F. Leibenluft, Eric Stock, Lauren E. Battaglia .

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Antitrust, competition and economic regulation alert *

USA - July 9 2012
On 27 June 2012 the U.S. Court of Appeals for the Seventh Circuit answered several important questions about the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA).

Co-authors: Janet L. McDavid, William L. Monts.

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