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Panelists discuss whether pay-for-delay settlements violate antitrust laws

The Supreme Court is considering the issue in Federal Trade Commission v. Actavis Inc.

The Supreme Court is considering whether pay-for-delay deals violate antitrust laws, and so, on Wednesday, did a group of lawyers at an intellectual property conference in Virginia.

Pay-for-delay settlements, in which a brand-name drug manufacturer pays a generic manufacturer to postpone the release of generic drugs into the market, have been on the rise recently. In March, the Supreme Court heard arguments in Federal Trade Commission (FTC) v. Actavis Inc. In that case, the FTC alleges that these kinds of settlements are inherently anticompetitive.

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