The past year has continued to see an increase in US case law developments in the area of pharmaceutical antitrust. This article focuses on four areas of pharmaceutical antitrust litigation that have been most active:
- US trial and appellate court decisions adjudicating antitrust claims under the rule of reason test announced by the US Supreme Court in Federal Trade Commission (FTC) 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;
- challenges to pharmaceutical manufacturers' pricing practices; and
- recent challenges regarding certain contracting practices (eg, exclusive dealing and bundling), including the first antitrust challenge concerning biosimilar competition, and the risk evaluation and mitigation strategies programme.
Click here to download the full PDF.
Click here to view our EU report.
This article was previously published by Global Competition Review in The Antitrust Review of the Americas 2019.
This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
© 2018 White & Case LLP