In a notable development, the Federal Trade Commission reversed a ruling by an administrative law judge who last year maintained that a so-called pay-to-delay deal between Impax Laboratories and Endo Pharmaceuticals (ENDP) was not anticompetitive.
In doing so, the agency is not only reinforcing a 2012 U.S. Supreme Court ruling that found these agreements could be scrutinized for antitrust violations, but it is also buttressing a litmus test for determining when a pay-to-delay deal may be problematic (here is the decision).
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