STAT+: ‘Deeply disappointed’: FTC pulls pay-to-delay case after losing authority to force drug makers to relinquish profits
The Federal Trade Commission has reluctantly withdrawn a remaining claim in a lawsuit over a so-called pay-to-delay deal after the U.S. Supreme Court determined the agency does not have authority to force companies to relinquish profits. And the development indicates that it may now be harder for the FTC to successfully bring antitrust cases against drug makers that reach these sorts of deals.
The move came after the U.S. Supreme Court declined to review an appeals court ruling made last fall in response to a lawsuit the FTC had brought against AbbVie (ABBV), which allegedly conspired with another company to thwart availability of lower-cost generic versions of its best-selling AndroGel testosterone treatment.
