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for North Carolina Law Review Vol. 93 Issue 1, January 2015
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Record #:
22581
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Abstract:
The Supreme Court ruled in FTC vs. Actavis, that courts are required to apply a rule of reason analysis in determining whether a reverse payment settlement violates antitrust laws. The reverse payment settlement, which is unique to pharmaceutical litigation, enables a patent-holder to maintain exclusivity in the relevant market and keep prices higher than they would or should be.
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