Partner Laura Shores Discusses Antitrust Outlook for Healthcare Industry in Global Competition Review

Global Competition Review looks ahead at likely trends in antitrust law for 2014, with a particular focus on the healthcare sector. It is thought that the Federal Trade Commission will continue to focus on developing a standard for pharmaceutical patent settlements in light of the US Supreme Court in decision in Federal Trade Commission v. Actavis, Inc., et al., which ruled that so-called “reverse payment” settlements between generic and brand drug companies are subject to scrutiny under competition laws.

According to Kaye Scholer Antitrust Partner Laura Shores, “To say last year’s Supreme Court decision in Actavis is not a model of clarity is an understatement,” adding that because of this, “Courts ruling on both private and government actions this year will have to deal with a number of tricky issues: Can non-cash consideration in exchange for delayed generic entry be challenged? What is the appropriate way to judge the size of the payment? And will courts be able to avoid re-litigating the patent dispute underlying the antitrust claims?”