United States: Pharmaceutical Antitrust 2020

The past year has continued to see an increase in US case law and other developments in the area of pharmaceutical antitrust. This article focuses on the following areas of pharmaceutical antitrust that have been most active:

• antitrust claims under the rule of reason test announced by the US Supreme Court in Federal Trade Commission (FTC) v Actavis for innovator and generic settlements of pharmaceutical patent litigation involving alleged reverse payments or 'pay-for-delay';
• product-hopping antitrust claims against innovator pharmaceutical companies that introduce new versions of brand-name drugs facing generic competition;
• challenges to pharmaceutical manufacturers' pricing practices; and
• various other pharmaceutical antitrust challenges concerning biosimilar competition, certain contracting practices (eg, exclusive dealing and bundling), sham litigation and petitioning, and the US Food and Drug Administration's (FDA) risk evaluation and mitigation strategies programme.

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This article was published by Global Competition Review in the Americas Antitrust Review 2020.

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