Pay-For-Delay Questions Linger After $1.2B Cephalon Deal


Jeffrey Brennan explained that the 5-0 FTC vote to impose a $1.2 billion disgorgement penalty (which settled allegations that a pharmaceutical maker violated antitrust law) “underscores how on this particular issue of so-called pay-for-delay settlements, the agency has quite often been speaking on one bipartisan basis.” Mr. Brennan expressed disappointment that the case was settled before trial, noting “we will have to wait for some other cases to get tried… to see how the commission in particular [would] try the case — the actual mechanics of trying a case and offering evidence and interpreting evidence.”