Topic: Pay for delay

First EU pay-for-delay fines survive ECJ challenge

In a highly-anticipated ruling, the European Court of Justice has confirmed the European Commission’s first-ever pay-for-delay decision fining Lundbeck and five generic drugmakers a combined €146 million.

25 March 2021

Scott Morton backs Biden administration to tackle exclusionary conduct in drugs markets

Challenging pharmaceutical companies’ exclusionary conduct is a “low-hanging fruit” that could help the Biden administration lower the cost of drugs in the US, a former Department of Justice official has said.

12 March 2021

State court dismisses Mississippi’s pay-for-delay claims against Teva

The State of Mississippi has failed to demonstrate that a state court has jurisdiction over claims that Teva Pharmaceuticals entered into an anticompetitive reverse-payment settlement, a local judge has ruled.

11 February 2021

FTC challenges second settlement between Endo and Impax

Endo Pharmaceuticals abandoned its plans to re-enter the market for an opioid painkiller after concluding it would be more profitable to split monopoly profits with Impax Laboratories, the Federal Trade Commission has alleged.

29 January 2021

EU issues pay-for-delay fines after nine-year probe

The European Commission has fined Cephalon and Teva a total of €60.5 million for entering into pay-for-delay agreements for a sleep disorder drug, although the enforcer said it no longer believes these types of agreements are a “big issue” in terms of their prevalence.

26 November 2020

Servier suffers Supreme Court loss in pay-for-delay damages suit

Servier has failed to convince the UK’s Supreme Court that product market findings by the EU General Court are binding on competition damages claims by four UK national health services against the drugmaker.

06 November 2020

FTC’s disgorgement authority takes another hit with Third Circuit reversal

The Federal Trade Commission Act does not empower district courts to order disgorgement of ill-gotten gains, the US Court of Appeals for the Third Circuit has ruled in a decision to reverse a $448 million penalty against AbbVie and Besins Healthcare.

01 October 2020

Wright: Rulemaking could be next IP/antitrust battleground

The US antitrust agencies’ losses in intellectual property cases have increased the likelihood of a competition rulemaking, according to former Federal Trade Commission member Joshua Wright.

01 September 2020

Ninth Circuit judge questions generic drugmakers on imminent harm

Judge Andrew Hurwitz of the US Court of Appeals for the Ninth Circuit has asked generic drugmakers why they need to block a California law restricting pay-for-delay settlements if they do not plan to enter into such agreements.

17 July 2020

Fifth Circuit ponders patent settlement incentives in Impax appeal

The US Court of Appeals for the Fifth Circuit has questioned Impax Laboratories and the Federal Trade Commission on what can be legally conceded in settling patent litigation.

10 June 2020

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