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Supreme Court Makes Decision in FTC vs. Actavis Case

Mark Fischer, Flickr

The U.S. Supreme Court reached a decision Monday in the case of the Federal Trade Commission vs. Actavis.

The court found that pay-for-delay settlements of drug patient litigation­­—settlements in which brand name drug manufacturers pay their generic competitors to delay the availability of cheaper generic drugs—may be challenged as potential violations of the antitrust law.

In January, Attorney General Eric Schiederman led a bipartisan coalition of 36 states, the District of Columbia and the Commonwealth of Puerto Rico to submit a brief, arguing the court should allow challenges to pay-for-delay settlements as anti-competitive and unlawful.

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