No more delay on reverse payments

Published On 11/01/2013 | By Peta Stevenson | Cartels, Mergers

Louise Beange has written an interesting post on our sister blog, IP Whiteboard, about the decision by the US Supreme Court to hear a dispute over the legality of ‘pay-for-delay’ or reverse-payment agreements between patent holders and generic manufacturers. These are settlement agreements in patent infringement litigation in which patent holders pay generic manufacturers to delay releasing generic alternatives to pharmaceuticals.  Read more about it here.

New statistics released by the FTC last week show that the regulator’s interest in pharmaceutical companies extends beyond pay-for-delay agreements.  The FTC’s 2012 horizontal merger investigation update report shows that, between 1996 and 2011, some sort of antitrust challenge was taken in 119 of the 122 pharmaceutical markets considered during full horizontal merger reviews.

Photo credit: @alviseni / Foter / CC BY-SA

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About The Author

is a partner in the Sydney office of King & Wood Mallesons where she specialises in competition litigation with experience in a wide range of jurisdictions. Peta also advises clients on the application of the anti-competitive conduct, consumer protection and access provisions of the Competition & Consumer Act 2010 (Cth) and related state legislation. In 2001/02 she undertook her LLM at the University of Cambridge, during which time she developed a passionate if fleeting interest in rowing.

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