Chris Sagers, the James A. Thomas Professor of Law, spoke with various media recently about ongoing antitrust suits involving the pharmaceutical industry. He discussed with Bloomberg the Federal Trade Commission’s first-ever suit against a branded drug-maker’s use of FDA “citizen petitions” to delay the entry of a generic competitor. In particular, he discussed the implications of the district court’s initial dismissal of that action on novel ground’s relating to the Commission’s statutory jurisdiction.
Sagers also spoke with the trade newsletter Law 360 about a closely watched reverse-payments case, involving the drug-maker Impax. The case was of keen interest, because it would have tested an important, unresolved question under the Supreme Court’s seminal 2013 decision in FTC v. Actavis. Shortly after the article appeared, the parties in the Impax case settled.