Monday, March 7, 2011

Pharmaceuticals can pay competitors to delay generics

Pharma Can Pay for No Play, Supreme Court Says 
Without providing comment, the Supreme Court decided not to review a federal appeals court ruling that allows pharmaceutical companies to pay competitors to delay the production of generic drugs.

Supreme Court won't review drug patent deal

The deal, involving Bayer's 1997 settlement of patent litigation with Barr, was challenged by a number of pharmacies, which appealed to the Supreme Court. More than 30 states and various consumer groups supported the appeal.
The Federal Trade Commission has opposed such deals, saying they violate antitrust law and cost consumers an estimated $3.5 billion a year in higher prescription drug prices. It has supported legislation pending in Congress to prohibit such settlements, which it says have increased in recent years.

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