Antitrust Developments Concerning Brands & Generics

April 24, 2018 12:00pm

Markus H. Meier
Assistant Director of the Health Care Division
Bureau of Competition, Federal Trade Commission (Washington, DC)

The Supreme Court’s decision in the Actavis case established the antitrust “rule of reason” as the standard for evaluating reverse-payment agreements. The precise meaning and reach of the Supreme Court’s 2013 decision is now becoming clearer as district courts and courts of appeal grapple with its application.

The FTC continues to review Hatch-Waxman settlements filed under the MMA and issue periodic reports with its findings. And the agency is currently challenging a number of reverse-payment agreements both in federal court and in administrative adjudication.

Private plaintiffs also have stepped up their game, with more than fifteen reverse-payment cases currently in some stage of litigation around the country.

In this session, the FTC will address these matters, as well as other anticompetitive concerns involving brand and generic pharmaceuticals.