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Supreme Court in Actavis: Analyze Reverse-Payment Settlements’ Anticompetitive Effects Case by Case

In a much-anticipated decision, the Supreme Court in FTC v. Actavis held 5-3 that reverse-payment settlements of Hatch-Waxman Act litigation are neither immune from antitrust liability nor presumptively unlawful, but rather must be analyzed under the rule-of-reason standard on a case-by-case basis...