The U.S. Supreme Court on Monday searched for middle ground in the ongoing antitrust battle between the Federal Trade Commission and the pharmaceutical industry over patent settlements in which brand-name manufacturers pay generic drug companies to delay entering the market.
Justices seemed skeptical of the government’s position that such deals are almost always anti-competitive. Several also seemed to not quite buy the argument of the generics industry that the deals actually help consumers by reducing the cost of patent litigation and actually bringing the generics to market sooner than if the parties waited for the patent to run out. Critics of the settlements label them as "pay for delay" agreements, while supporters call them "reverse payment" deals.
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