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By ALM Staff | Law Journal Newsletters |

FTC Finds Pay-for-Delay on the Rise

A Federal Trade Commission (FTC) report says that in fiscal year 2012, name-brand and would-be generic pharmaceuticals manufacturers entered into 40 potential “pay for delay” agreements, a sharp increase from previous years. These types of deals are currently under scrutiny by the U.S. Supreme Court, which has been asked to decide whether they promote unlawful monopolies in the field of drug sales. “Sadly, this year's report makes it clear that the problem of pay-for-delay is getting worse, not better,” said FTC Chairman Jon Leibowitz in an FTC release. “More and more brand and generic drug companies are engaging in these sweetheart deals, and consumers continue to pay the price. Until this issue is resolved, we will all suffer the consequences of delayed generic entry ' higher prices for consumers, businesses, and the U.S. taxpayer.” U.S. regulators are not the only ones turning a jaundiced eye on the concept of pay for delay: For example, on Jan. 31, European Union regulators formally accused drug makers Johnson & Johnson and Novartis of colluding to keep generic versions of the drug fentanyl out of the Dutch market.

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