2nd Circuit Clarifies When 'Pay-for-Delay' Deals Are Legal in Tossing Antitrust Claims
The appeals court said the settlement payments in the underlying case represented fair value for goods or services in a commercial relationship, thus justified under the Supreme Court's decision in "Federal Trade Commission v. Actavis."
May 14, 2024 at 01:32 PM
3 minute read
Civil AppealsThe original version of this story was published on National Law Journal
The U.S. Court of Appeals for the Second Circuit on Monday upheld the dismissal of a lawsuit accusing several companies of violating antitrust laws by using "reverse" settlement payments to delay the market entry of a high-blood-pressure drug's generic versions.
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