Supreme Court in Actavis: analyse reverse-payment settlements’ anticompetitive effects case by case
In a much-anticipated decision, the Supreme Court in FTC v Actavis held 5−3 that reverse-payment settlements of Hatch-Waxman Act litigation are neither immune from antitrust liability nor presumptively unlawful, but rather must be analysed under the rule-of-reason standard on a case-by-case basis. In choosing the traditional antitrust standard, the decision rejected all lower-court approaches to […]