skip to main content

We are fortunate to advise world-class, industry-leading companies, helping them tackle novel, complex issues and push the boundaries of technological progress. Our ability and confidence to go to trial is our core strength; our deep bench of experienced trial lawyers represents companies in their most significant matters, helping them protect their intellectual property and launch products. Our lawyers pair extensive experience in the courtroom and the boardroom with a thorough understanding of science and technology.

Aidan Synnott and Bill Michael Publish Article in Global Competition Policy

September 24, 2009 Full PDF

Litigation partner Aidan Synnott and associate Bill Michael's article, "Antitrust and Intellectual Property: Recent Developments in the Pharmaceuticals Sector," was published in the September 24 edition of GCP: The Online Magazine for Global Competition Policy. In an amicus brief filed in the United States Court of Appeals for the Second Circuit, the Department of Justice Antitrust Division recently argued that so-called "reverse settlement" or "pay-for-delay" agreements between manufacturers of branded and generic pharmaceuticals are "presumptively unlawful" under the antitrust laws -- reversing a position that the DOJ had taken before other federal courts of appeals as well as the United States Supreme Court during the previous administration and aligning itself more closely with the policies of the Federal Trade Commission. The article examines this shift in policy at the DOJ in the context of recent antitrust caselaw, and posits that the practical effect of the DOJ's and FTC's stated commitment to heightened enforcement in the pharmaceutical sector may be limited by their ability to articulate theories of anticompetitive harm that the federal courts deem viable.

© 2024 Paul, Weiss, Rifkind, Wharton & Garrison LLP

Privacy Policy