The Paul, Weiss Antitrust Practice advises clients on a full range of global antitrust matters, including antitrust regulatory clearance, government investigations, private litigation, and counseling and compliance. The firm represents clients before antitrust and competition authorities in the United States, the European Union, the United Kingdom and other jurisdictions around the world.
Court Rejects FTC Challenge to Reverse Settlement Agreement
March 1, 2010
On February 22, a federal district court rejected claims by the Federal Trade Commission and private plaintiffs that a "reverse settlement" agreement between pharmaceutical companies violated the antitrust laws. The court's decision in In re AndroGel Antitrust Litigation marks a setback in the FTC's campaign to end such agreements, which both the Commission and the U.S. Department of Justice Antitrust Division have argued are "presumptively unlawful." While the FTC has pledged to continue to challenge reverse settlements in the courts, the AndroGel ruling makes it more likely that regulators will focus their efforts on persuading Congress to pass legislation either banning or seriously restricting the practice.