Reverse payment agreements between patent-holding drug companies and their generic competitors have raised a conflict between patent law and competition law policies that is difficult to reconcile. The US Supreme Court decision in FTC v. Actavis is the first high court decision to have ruled on...

The prevalent use of ‘‘most favored nation'' (MFN) clauses in commercial agreements has garnered significant attention in the economics and legal literature and by practitioners and enforcement agencies. From an antitrust standpoint, there is a strong consensus that while MFN provisions can...