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United States

FTC v Actavis Inc

570 US 136 (2013)
JurisdictionUnited States
Year2013
Statusunclear

Key Principle

Reverse payment patent settlements (pay-for-delay) are subject to antitrust scrutiny under the rule of reason; the size of the payment may indicate the patentee has market power and the payment substitutes for the risk of competition.

Area of Law

competition

Related Cases

ACCC v Pacific National Pty Ltd [2020] FCAFC 77
ACCC v Yazaki Corporation [2018] FCAFC 73; (2018) 262 FCR 243
ACCC v Pfizer Australia Pty Ltd [2018] FCAFC 78

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