
The following is not meant to be legal advice.
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FTC has issued annual reports providing details on the settlements filed during that fiscal year. The FTC report attributes the increase to appellate court decisions that have upheld settlements containing reverse payments. The Eleventh Circuit reversed the FTC decision in FTC v. Schering-Plough. In that case, the court held that a reverse payment from Schering-Plough to generic firm Upsher-Smith in return for delayed generic entry violated antitrust laws.





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