FTC K-Dur case
Oral arguments for the Federal Trade Commission's antitrust case against Schering-Plough and Upsher-Smith are scheduled for Jan. 7. FTC is appealing a June 27 decision by an administrative law judge regarding Schering's payments to Upsher so that it would not market a generic version of K-Dur; the judge ruled that such reverse payments are not established antitrust violations (1"The Pink Sheet" July 8, p. 3)...
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Reverse payments from brand to generic companies in patent settlements are not "established" antitrust violations, an administrative law judge said in dismissing the Federal Trade Commission's antitrust case against Schering-Plough regarding K-Dur
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