Antitrust Issues Affecting the Pharmaceutical Industry
Recent Developments in the United States and the European Union
Recent antitrust enforcement actions and court decisions in the United States and the European Union warrant attention from pharmaceutical companies and their counsel.
In the United States, pharmaceutical companies have been the subject of antitrust scrutiny for some time. That attention has intensified over the past few years as the Chairman of the Federal Trade Commission (FTC) has made preventing so-called "pay-for-delay" settlements one of the agency's top competition priorities, while also devoting substantial attention to mergers in the industry. The government has, however, faced recent setbacks in court actions challenging settlements of patent litigation and mergers, and efforts to pass legislation to restrict settlements remain stalled.
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Published in Update Magazine - 2011, Issue 12. With permission from FDLI.