The Federal Trade Commission has tried to craft its AndroGel pay-for-delay suit against AbbVie Inc. to fit within the framework of the Supreme Court’s ruling last year as to when such arrangements may violate antitrust law. But it is unclear if it has succeeded in doing so since the commission voted 3-2 to file the complaint, the first time the FTC has disagreed on whether to pursue such a case.
FTC vs. AbbVie Pay-For-Delay Suit Crafted For Supreme Court’s ‘Red Flag’ Test
But for the first time ever, Federal Trade Commissioners were split on whether to bring such a case; newer members voted ‘no.’
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