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A lot changed between 2008 and 2015. Lindsay McSweeney's stewardship cemented the importance of CPI Antitrust Chronicle. Standard-essential patents, the smartphone patent wars, and patent trolls thrust themselves onto the IP/antitrust scene. But perhaps the most significant change is the...
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In FTC v. Actavis, the Supreme Court held that a brand payment to a generic to delay entering the market could have "significant anticompetitive effects" and violate the antitrust laws. In a narrow, formalistic ruling, the court in In re Lamictal held that such payments were limited to cash. On...
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One of the most pressing issues in patent and antitrust law involves agreements by which brand-name drug companies pay generic firms to delay entering the market. In FTC v. Actavis, the Supreme Court held that these settlements could violate the antitrust laws.In the wake of the decision,...
Persistent link: https://www.econbiz.de/10013056147
In the area of drug patent settlements, the Third Circuit's ruling in King Drug Co. of Florence v. Smithkline Beechham Corp. (Lamictal) is the most important federal decision since FTC v. Actavis. Since the Supreme Court's ruling, district courts have split on whether “payment” applies...
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In the second direct challenge to the NCAA's amateurism rules, the Northern District of California court rejected an attempt by the NCAA and 11 conferences to dismiss claims that defendants violated antitrust law by “conspiring to impose an artificial ceiling on the scholarships and benefits...
Persistent link: https://www.econbiz.de/10012918266
High drug prices are in the news. In some cases, such as AIDS-treating Daraprim and the life-saving EpiPen, the price increases dramatically. In other cases, which have received less attention, the price stays high longer than it should. Either way, anticompetitive behavior often lurks behind...
Persistent link: https://www.econbiz.de/10012932708
FTC v. Actavis was one of the most important antitrust cases of the modern era. In one fell swoop, the Supreme Court ensconced antitrust's role in analyzing settlements by which brand firms pay generics to delay entering the market. The Court underscored the harms presented by large and...
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