Two years after the U.S. Supreme Court’s landmark decision in Federal Trade Commission v. Actavis erected a roadblock against pharmaceutical firms paying competitors to delay bringing generics to market, appeals courts are extending it beyond cash deals.
“What we’re seeing is an explosion of litigation in the aftermath of Actavis,” says Scott Hemphill, a New York University School of Law professor who studies competition in the pharma industry. “Actavis set the table for lower courts, and lower courts are now scrambling to fill in all the details.”
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