The Supreme Court has ruled that drug makers could face hefty fines for paying off competitors to delay the release of generic drugs. These so called "pay-for-delay" agreements were previously awarded legal status by a ruling from the 11th Circuit Court of Appeals.
In a 5-3 ruling, the Supreme Court overturned the previous decision, stating that such agreements are anti-competitive in the drug market and that it may be hard for drug makers to explain the need for such lofty payouts.
"In our view, these considerations, taken together, outweigh the single strong consideration -- the desirability of settlements -- that led the Eleventh Circuit to provide near-automatic antitrust immunity to reverse payment settlements," Justice Stephen Breyer wrote on behalf of the majority.
For comments and feedback: editorial@rttnews.com