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Cure For Collusive Settlements: The Case For A Per Se Prohibition On Pay-For-Delay Agreements In Pharmaceutical Patent Litigation, A , Michael Owens

Missouri Law Review

This Comment will examine how the particulars of the Hatch-Waxman Act, the regulatory scheme that governs generic competition in pharmaceutical industry, gives rise to reverse settlements in infringement litigation; review existing analysis of the pay for delay problem in judicial decisions, in academic commentary, and amongst antitrust enforcement bodies; and finally, draw upon a decision theoretic framework to propose per se illegality as the appropriate antitrust rule for pay-for-delay settlements.