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Global Competition Review

United States: Pharmaceutical Antitrust

White & Case LLP was invited to author the inaugural “Pharmaceutical Antitrust” chapter in the latest edition of Global Competition Review’s “The Antitrust Review of the Americas 2016”, a leading publication on antitrust/competition issue affecting the Americas in the coming year.

The past year has arguably seen more US case law developments in the area of pharmaceutical antitrust than ever before. This chapter focuses on the four types of pharmaceutical antitrust cases that have been most active this year:

(1) US trial court and appellate court decisions adjudicating 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;

(2) so-called product-hopping antitrust claims against innovator pharmaceutical companies that introduce new versions of brand-name drugs facing generic competition;

(3) alleged barriers to competition created when innovator companies deny generic companies access to sample product under REMS safety restrictions on distribution; and

(4) a spate of litigation alleging anti-competitive unilateral pricing practices by the leading suppliers of contact lenses.


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This article was previously published by Global Competition Review in The Antitrust Review of the Americas 2016.

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