FTC Loses Pay-To-Delay Lawsuit, Gears Up To Battle With New Arsenal

BMI believes that the introduction of legislation to ban pay-to-delay (pay-for-delay, reverse payment) settlements, either within a finalised US healthcare reform bill or as a separate package, looks even more certain, after a Federal Trade Commission (FTC) antitrust lawsuit was dismissed by a federal judge. The FTC's case was against Solvay Pharmaceuticals (now a unit of Abbott Laboratories) in which it was alleged the company had illegally conspired with generic drugmakers to delay the introduction of a generic AndroGel (testosterone gel).

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