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antitrust laws 2 articles

Supreme Court considers legality of drug companies’ pay-for-delay deals

An attorney for the Federal Trade Commission (FTC) urged the Supreme Court to stop so-called pay-for-delay deals among pharmaceutical companies that keep generic drugs off the market longer and keep costs to consumers high. “It’s unlawful to buy off the competition,” said Malcolm Stewart, an attorney for the FTC and the Justice Department, arguing that the practice among drug companies is “presumptively illegal.” The hearing will determine whether there is a violation of antitrust laws when brand name drug companies pay generic drug makers of the same drug to postpone launch of their products. New brand-name drugs to hit the market ... Read More

Appeals judges side with Big Pharma in Androgel case

A U.S. appeals court in Atlanta sided with Big Pharma in an April ruling, allowing “pay-for-delay” arrangements between brand-name and generic drug manufacturers. At the center of this ruling was the testosterone drug Androgel, a blockbuster drug made by Brussels-based Solvay (now Abbott Pharmaceuticals) that brought in $594 million in 2010 and promises explosive growth in the future as more and more men turn to it for its sexually restorative effects. Solvay was originally granted a 17-year patent in 2003, which barred other drugmakers from developing a generic version of the topical gel until 2015. However, three drug companies challenged ... Read More