Inside the FTC's Take on Generic Access to Branded Drugs

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Law360, New York (April 5, 2013) --The Federal Trade Commission has spent the better part of a decade pressing an expansive view of antitrust law in the context of patent settlement agreements between branded and generic pharmaceutical companies, culminating in last week’s oral argument in FTC v. Actavis at the Supreme Court, where it met with a skeptical audience. Now, the FTC has entered previously uncharted ground by filing an amicus brief in a case addressing another issue of importance to the pharmaceutical industry: generic access to branded products for purposes of making Hatch‐Waxman patent challenges.

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