United States: Pharmaceutical Antitrust 2023

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The past year has continued to see an increase in US case law and other developments in the area of pharmaceutical antitrust. This article looks at, among other things: antitrust claims under the rule of reason test announced by the US Supreme Court in FTC v Actavis for innovator and generic settlements of pharmaceutical patent litigation involving alleged reverse payments or ‘payfor-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 motion-to-dismiss decisions and a trial verdict concerning reverse payment claims
  • Legislation and legal challenges to pharmaceutical manufacturers’ pricing practices


This article was published by Global Competition Review in the Americas Antitrust Review 2023.

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