Overview

Asim Varma and Marleen Van Kerckhove

Arnold & Porter LLP

Monday, 06 April 2009

In the United States, antitrust enforcement authorities and private litigation in the pharmaceutical sector have in the past few years focused on the antitrust implications of agreements between branded and generic drugs in settling patent litigation and on brand name pharmaceutical life cycle management strategies. We anticipate this focus to continue for the next few years as litigation on these issues makes its way through the US courts. We also anticipate an increased focus on legislation regarding these issues in the new presidential administration, particularly in light of recent US appellate courts rejecting the legal standard advocated by the Federal Trade Commission (FTC).

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