Reverse Payments and Beyond: Antitrust Risks for Pharmaceutical and Biotechnology Companies amid Heightened Scrutiny of Prescription Drug Pricing

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Competition in the pharmaceutical industry has long been a priority for the US antitrust agencies, and with public attention to prescription drug pricing, federal and state antitrust enforcers have filed a series of high-profile law enforcement actions, with private plaintiffs continuing to pursue antitrust claims with potentially significant damages. The article provides an overview of the myriad antitrust claims that federal and state enforcers and private plaintiffs have recently brought, guidance on how companies can effectively manage antitrust risk in achieving business objectives, and certain categories of potential antitrust exposure that pharmaceutical and biotech companies may face.