NY Attorney General Forges New Ground in Scrutiny of Pharmaceutical Agreements With First-Filer Exclusivity No-Challenge Settlement
21 February 2014Antitrust, Competition and Economic Regulation Alert
The New York Attorney General's (NYAG) office has announced that it has reached a settlement with two generic drug manufacturers regarding allegations that an agreement between the firms not to challenge each other's eligibility for regulatory exclusivity was anticompetitive. Although not a traditional reverse payment patent settlement agreement between branded and generic drug companies, the settlement reflects a move by antitrust enforcers to apply reverse payment case law and principles to a broader range of agreements in the pharmaceutical space in the wake of FTC v. Actavis. Interestingly, the case was brought by the NYAG alone; the FTC, which is typically very active and aggressive on these matters, was not part of the settlement.