United States: Pharmaceutical Antitrust 2022

1 min read

The past year has continued to see an increase in US case law and other developments in the area of pharmaceutical antitrust. In this article we look at, among other things, antitrust claims under the rule of reason test announced by the US Supreme Court in Federal Trade Commission v Actavis for innovator and generic settlements of pharmaceutical patent litigation involving alleged reverse payments or ‘pay-for-delay’, product-hopping antitrust claims against innovator pharmaceutical companies that introduce new versions of brand-name drugs facing generic competition, and pharmaceutical pricing developments involving legislation, regulations and legal challenges in court.

Discussion Points 

  • Recent decisions concerning reverse payment claims
  • Challenges to pharmaceutical manufacturers’ pricing practices
  • The first pharmaceutical antitrust litigations concerning biosimilar competition


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This article was published by Global Competition Review in the Americas Antitrust Review 2022.

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