Pharmaguy's Insights Into Drug Industry News
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Pharmaguy's Insights Into Drug Industry News
Pharmaguy curates and provides insights into selected drug industry news and issues.
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FTC Reports Drop in Pay-for-Delay Deals Thanks to Supreme Court Decision

FTC Reports Drop in Pay-for-Delay Deals Thanks to Supreme Court Decision | Pharmaguy's Insights Into Drug Industry News | Scoop.it
Pharmaceutical companies entered into substantially fewer potential pay-for-delay drug patent settlements in fiscal year 2014, according to the FTC.


Pharmaceutical companies entered into substantially fewer potential pay-for-delay patent dispute settlements in fiscal year 2014, according to a new FTC staff report.


The report summarizes data on patent settlements – which can arise between brand and generic drug companies – filed with the FTC and the Department of Justice during FY 2014 under the Medicare Modernization Act of 2003. Generic drugs often cost less than brand drugs, helping to make medicines affordable for millions of American consumers and to keep health care costs down.


“Consumers are better off when there is more competition from lower-priced generic medicines,” said Debbie Feinstein, Director of the FTC’s Bureau of Competition. “So although it is too soon to know if these are lasting trends, it is encouraging to see a significant decline in the number of reverse payment settlements.”


The number of these potentially anticompetitive deals has fallen significantly following the Supreme Court’s landmark antitrust decision in FTC v. Actavis in 2013. The total number of such deals filed with the FTC has dropped to 21 in FY 2014 from 29 in FY 2013, and 40 in FY 2012 prior to the Actavis ruling. The FTC staff report for FY 2014 represents the first annual snapshot of such deals following the Actavis decision.

Pharma Guy's insight:

Pay-for-Delay deals are said to compensate for drugs going off patent (see http://bit.ly/1RnpaVU). For an example of how this works, read "Branded Pharma Wages War Against Generic and OTC Medicines: COLCRYS vs. colchicine Case Study"; http://bit.ly/1Ig3Tc5 

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Only 20% of Teva's Illegal Pay-to-Delay Profits Goes to US Treasury

Only 20% of Teva's Illegal Pay-to-Delay Profits Goes to US Treasury | Pharmaguy's Insights Into Drug Industry News | Scoop.it
The FTC hopes to send "a very strong signal' to pharmaceutical companies that the agency will continue its fight against pay-to-delay deals after reaching a $1.2 billion settlement with Teva Pharmaceutical.


The agreement marks the first time the agency, which has been aggressively policing pay-to-delay settlements between drug makers, has recovered any money on behalf of consumers and others who pay for medicines, such as pharmacy chains and health plans. The settlement was reached just as the FTC was about to square off in federal court in Philadelphia against Teva.

Pharma Guy's insight:


ROFL!  Re this comment: $1.2 Billion comes out to less than 20% of the Unjust Earnings Cephalon and Frank Baldino made off the pay-to-delay scheme - which they learned how to do from a symposium held by a DC law firm. Baldino is laughing in his grave.


As a former Cephalon executive said: “We were able to get six more years of patent protection. That’s $4 billion in sales that no one expected,” according to the lawsuit filed by the FTC.


A Teva spokeswoman writes us that the drug maker was “pleased to reach” the deal with the government.Yes, I would be pleased also! In Pay-to-Play Pharma Monopoly it's Pay "$200", don't go to jail

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