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Article: FTC Takes 4-in-1 Shot At Reverse Payment Settlements February 2008.
- Article from:
- Mondaq Business Briefing
- Article date:
- February 28, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Federal Trade Commission has taken the next step in its long battle against "reverse payment settlements" that some argue delay entry by generic pharmaceutical manufacturers. On February 13, 2008, the FTC filed a complaint against Cephalon, Inc., alleging that the company illegally extended its monopoly over its sleep disorder drug, Provigil, by paying four generic drug manufacturers to delay entry as part of patent litigation settlements with each generic. According to the Commission, each of these four agreements is an unlawful act of monopolization.
The case, brought in the U.S. District Court in the District of Columbia, is extremely significant for brand ...