Federal Trade Commission v. Actavis, Inc., et al.: Supreme Court holds that the rule-of-reason antitrust analysis applies to settlement of Hatch-Waxman disputes

Fitzpatrick Case Update
June 17, 2013

On June 17, 2013, the Supreme Court issued its ruling in Federal Trade Commission v. Actavis, Inc. The Court decided that, although “reverse payment settlements” in paragraph IV disputes are not immune from antitrust scrutiny, such settlements are not presumptively unlawful and instead must be evaluated under a rule-of-reason standard.

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