Topic: Pay for delay

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

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

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

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

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

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

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

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

A California federal judge has granted class status to indirect purchasers in the Xyrem antitrust litigation, rejecting several drugmakers’ claims that many class members would remain “brand loyal” even if generic narcolepsy treatments entered the market earlier.

16 May 2023

Indivior has urged a Pennsylvania judge to dismiss or decertify product-hopping claims against it because the class of end-payor plaintiffs has not shown any evidence of antitrust injury.

15 May 2023