SCOTUS: Antitrust applies in pay-for-delay, but gotta prove it
This article was originally published in Scrip
With the US Supreme Court declaring in a 5-3 decision on 17 June that so-called pay-for-delay deals between big pharmas and generic drug makers are not immune from antitrust attacks, yet the agreements also are not "presumptively unlawful," both sides on the dispute – the US Federal Trade Commission (FTC) and the biopharmaceutical industry – claimed victory, although acknowledging it's complicated.
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