Industry cleaning up its act after Actavis case, FTC report shows

For the second year running, pay-for-delay deals declined in 2015, the Federal Trade Commission (FTC) has said in a report.

This suggests a reaction to the ruling of the Supreme Court case of 2013 involving the FTC and Actavis, declaring that branded drug manufacturers’ reverse payments to generic competitors to settle patent litigation can violate the antitrust laws.

In 2012, the number of these pay-for-delay agreements was 40. By 2014, the second complete year of filings since the court ruling, this number had dropped to 21, and in 2015 it decreased further to just seven.