Brief of the Â鶹´«Ã½ Trade Commission as amicus curiae urging the U.S. Court of Appeals for the Third Circuit to reverse a district court determination that a brand-name drug manufacturer’s commitment not to introduce an authorized generic version of its own brand-name drug in exchange for a generic drug company’s promise to drop a challenge to the patent claiming the brand-name drug was not a “reverse-payment†under the U.S. Supreme Court’s decision in FTC v. Actavis, Inc., 133 S. Ct. 2224 (2013). Not only can an agreement containing a no-authorized-generic commitment constitute a potentially anticompetitive reverse payment under Actavis, the parties’ mutual agreements not to compete in each other’s markets may violate the antitrust laws as an unlawful market allocation.
Date
Citation Number
14-1243
Matter Number
P082105
Â鶹´«Ã½ Court
File
140428lamictalbrief.pdf
(278.35 KB)