Pharma: Pay for Delay—How Are the Courts Applying Actavis? | ABA Antitrust in Healthcare Conference 2018


The ABA Antitrust in Healthcare Conference brings together an expert faculty made up of the leading government enforcers, private counsel representing both plaintiffs and defendants, and highly experienced economists to share their insights and offer practical advice and policy recommendations. This year’s conference will take place from May 17-18 in Arlington, Virginia.

Edgeworth Partner Dr. Parker Normann will speak on the conference panel, “Pharma: Pay for Delay—How Are the Courts Applying Actavis?” In the 2013 case FTC v. Actavis, the Supreme Court held that drug patent settlements restricting generic entry and involving brand-to-generic payments can be anticompetitive and must be adjudicated under the rule of reason. The Court also set forth a number of factors that could be important to the lower courts’ analyses. Today, after almost five years and a bevy of “pay for delay” lawsuits, Dr. Normann and his fellow panelists will discuss the current state of the law.

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