Topic: Pay for delay

Scott Morton advocates for “negative inference” when evidence is missing

Antitrust enforcers should seek a presumption that there is “some kind of anticompetitive conduct” if companies mysteriously lack key documents that explain the incentives behind their merger, Fiona Scott Morton has said.

01 February 2024

General Court rejects Teva’s bid to overturn €60.5 million pay-for-delay fine

Drugmaker Teva and its subsidiary Cephalon have failed to quash a European Commission decision imposing €60.5 million in fines on the companies for entering into an illegal pay-for-delay agreement for a sleep disorder drug.

18 October 2023

FTC loses appeal against Endo-Impax agreement

The Federal Trade Commission failed to demonstrate that a settlement between Endo Pharmaceuticals and Impax Laboratories caused anticompetitive harm beyond what US patent law allows, an appellate panel has said.

29 August 2023

CMA rebuffs “ambiguous” documents claim in Prochlorperazine appeal

Advanz’s argument that unclear communications should tip in favour of the appellants challenging the UK enforcer’s Prochlorperazine cartel decision incorrectly interprets past case law on ambiguous documents, the country’s specialist competition tribunal has heard.

01 August 2023

CMA discarded oral testimonies to reach Prochlorperazine decision, Advanz says

The UK’s antitrust watchdog has wrongly relied on its own interpretation of emails exchanged among members of the alleged Prochlorperazine cartel, rather than actual oral testimonies, Advanz’s counsel has told the specialist competition tribunal.

31 July 2023

A Q&A with Devora Allon

Earlier this month, a federal jury in San Francisco absolved Gilead Sciences and Teva Pharmaceuticals of allegations they entered into an illegal pay-for delay settlement related to a pair of HIV treatments. GCR USA spoke to Kirkland & Ellis partner Devora Allon, co-lead counsel to Gilead, on how the drugmaker escaped the potential of facing billions in damages.

18 July 2023

FTC supports Bystolic pay-for-delay case

The Federal Trade Commission has backed private plaintiffs seeking the reinstatement of their claims that an AbbVie subsidiary illegally delayed generic competition for its hypertension drug.

22 June 2023

Market sharing infringement was correctly proven, says CMA counsel

The UK’s antitrust authority has pushed back against members of the Prochlorperazine cartel that claim it failed to meet the burden of proof when levying fines in 2022, telling the Competition Appeal Tribunal that their defence relies on several improbable coincidences and mistakes.

07 June 2023

CMA incorrectly analysed evidence in Prochlorperazine decision, drugmaker says

The UK’s competition watchdog failed to analyse evidence correctly when fining pharmaceutical companies for sharing the market for an anti-nausea drug and “flippantly” accused two of the drugmakers of creating a false paper trail, the Competition Appeal Tribunal has heard.

06 June 2023

Private Equity firm slams Prochlorperazine decision

Counsel to a private equity group fined by the UK antitrust watchdog for its alleged part in the Prochlorperazine cartel has hit out at the agency, telling the Competition Appeal Tribunal that the enforcer showed a “troubling lack of restraint” in its sanctions decision.

05 June 2023

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