Pay-for-Delay Deals and Antitrust Concerns

Summary

This practice note addresses the principal antitrust issues that typically arise in the context of pay-for-delay conduct in the pharmaceutical area. Pay-for-delay conduct occurs when a brand-name manufacturer and a generic drug manufacturer enter a deal to delay entry of a new drug. The circumstances under which these deals are considered anticompetitive has been heavily litigated in the last decade. This practice note provides you with knowledge to assess the legality of pay-for-delay deals in which you may be representing clients.