Supreme Court Partially Sides with FTC in Ruling that Reverse Payment Settlements in Hatch-Waxman Disputes May Violate Antitrust Laws
Yesterday, the U.S. Supreme Court held that reverse payments in Hatch-Waxman disputes including may violate federal antitrust laws, and that the traditional “rule-of-reason” will govern the determination. In the 5-3 decision, the Court reversed the Eleventh Circuit decision that reverse payments are not subject to federal antitrust laws because they fall within the exclusionary rights…