A.G. Schneiderman on Supreme Court Decision in FTC v. Actavis

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Schneiderman_EricNEW YORK – The following
statement can be attributed to Attorney General Eric T. Schneiderman in
response to the U.S. Supreme Court’s decision today in FTC v. Actavis,
which finds that pay-for-delay settlements of drug patent litigation —
settlements in which brand-name drug manufacturers pay their generic
competitors to delay the availability of cheaper generic drugs — may be
challenged as potential violations of antitrust law. 

“Today’s ruling is a victory
for millions of Americans who depend on generic drugs to treat illness and
pain. As we argued in our brief to the Supreme Court, pay-for-delay drug
settlements should receive serious scrutiny because they are frequently
anticompetitive, unlawful, and harmful to health-care consumers across the
country. This decision makes clear that drug companies can be sued to
stop anticompetitive pay-for-delay agreements. It will be an important weapon
in the fight for affordable drug prices and quality healthcare for every citizen.”

In January 2013, Attorney
General Schneiderman led a bipartisan coalition of 36 states, plus the District
of Columbia and the Commonwealth of Puerto Rico in a brief arguing that the
Supreme Court should allow antitrust enforcers to challenge pay-for-delay
settlements as anticompetitive and unlawful. On Wednesday, June 19, that brief
will receive an award from the National Association of Attorneys General for
Best Supreme Court Brief submitted by a State. The Attorney General has also
initiated legal action to protect consumers against anticompetitive practices
in a variety of contexts, including pay-for-delay settlements.


eHeziA.G. Schneiderman on Supreme Court Decision in FTC v. Actavis

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