Organisation: Federal Trade Commission (USA)

Status of Reverse Payment Cases against Pharmaceutical Companies

Featured in US Courts Annual Review - Edition 3

Reverse payment cases in the United States arise in the context of settlement agreements between brand-drug pharmaceutical companies and generic-drug manufacturers to resolve patent litigation under the Hatch-Waxman Act.

24 June 2022

Third Circuit: Non-Pharmaceutical Cases

Featured in US Courts Annual Review - Edition 3

The US Court of Appeals for the Third Circuit made key decisions in LifeWatch Services, Inc v Highmark, Inc and Federal Trade Commission v Hackensack Meridian Health, Inc.

24 June 2022

Pharmacies' monopolisation claims against Surescripts beat dismissal

A federal judge has declined to dismiss a monopolisation case brought by several pharmacies against e-prescription company Surescripts.

24 June 2022

Advocates prescribe more expansive pharma lawsuits

Antitrust academics and enforcers are encouraging the US competition agencies to look beyond overlapping products when reviewing pharmaceutical mergers.

16 June 2022

FTC requires gas retailer to roll back noncompetes

Gas retailer Arko has agreed to substantially refine the sweeping noncompete agreements it reached with a rival that it purchased assets from last year to appease the Federal Trade Commission.

15 June 2022

Commissioners spar over private equity in merger settlement

The Federal Trade Commission has conditionally approved the combination of two rival emergency and speciality veterinary service providers with an ideological split over the relevance of the acquirer being a private equity firm.

14 June 2022

ALJ asks if FTC is trying to slow down Grail

The administrative law judge overseeing the Federal Trade Commission’s challenge to Illumina/Grail has questioned if the government is looking to stymie Grail and allow other cancer-screening tests to reach the market.

09 June 2022

Phillips: Early termination suspension likely to continue

Federal Trade Commission member Noah Phillips has said the US antitrust agencies’ suspension of early terminations is likely to continue throughout the remainder of the Biden Administration.

19 May 2022

FTC investigation into Musk’s HSR compliance would focus on intent, ex-DOJ lawyer says

A Federal Trade Commission investigation into Elon Musk’s acquisition of a 9% stake in Twitter would likely focus on what he aimed to achieve through his investment, according to a former Department of Justice attorney.

11 May 2022

Protection of nascent competition at centre of FTC order on medical technology deal

The Federal Trade Commission is requiring medical device company Medtronic to divest a subsidiary of Intersect ENT that is alleged to be a nascent competitor to proceed with its $1.1 billion purchase of the medical technology company.

11 May 2022

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