Overview
Joel Grosberg analyzed possible future antitrust enforcement action in the wake of the 2013 Actavis decision, in terms of how courts evaluate litigation settlements in which brand name pharmaceutical companies offer generic drug makers non-cash compensation. “One thing we have to see is … how do [the courts] evaluate noncash payments to the generic,” Mr. Grosberg said, because Actavis “basically allows the FTC to litigate and prove on a rule-of-reason analysis why a particular reverse payment or some other similar type of agreement is anti-competitive.”
