Law360 Speaks with Antitrust Co-Chair Saul Morgenstern on the FTC and Pay-for-Delay Settlements
Saul Morgenstern, Partner and Co-Chair of Kaye Scholer's Antitrust Practice, was quoted in Law360 on the Federal Trade Commision's (FTC) recent record-setting $1.2 billion pay-for-delay settlement with Cephalon, which gives the FTC a boost as it continues to challenge pay-for-delay settlements.
Among his comments on the FTC's settlement Morgenstern said, "Normal economic incentives being what they are, one would reasonably expect the FTC would take this as a sign that this is not a bad strategy and we will see it again. This may cause the FTC to jump into more of these cases. That only muddies the calculation for pharmaceutical companies, which already generally face claims for compensation from private plaintiffs who paid for the drugs at issue."
Morgenstern added, "It just complicates the litigation and settlement process when instead of dealing only with the people you have allegedly harmed, you're dealing with a government agency, as well, that has its own agenda and own incentives."
Also of Interest
- Law360 Names Blank a 2016 Intellectual Property MVP December 7, 2016 • Recognitions
- NLJ Names Yates a 2016 Litigation Trailblazer December 6, 2016 • Recognitions
- JUVE Handbuch Recommends Frankfurt Office and Lawyers November 14, 2016 • Recognitions
- Kaye Scholer Advises Bregal, Motion Equity in Morrison Utility Services Sale November 7, 2016 • Client Successes
- Kaye Scholer Advises Biohaven on Oversubscribed Private Financing November 4, 2016 • Client Successes
- US News–Best Lawyers Recognizes 32 Kaye Scholer Practices and 41 Lawyers November 1, 2016 • Recognitions
- Compliance Berater Publishes Jungermann Article on Antitrust Follow-On Issues November 1, 2016 • Articles
- Benchmark Litigation Recognizes Kaye Scholer Practices and Partners Nationwide October 24, 2016 • Recognitions
- Maier Plans Emergency Response with Fort Meade and Fort Detrick Commanders October 20, 2016 • Client Successes