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Correctly interpreting Supreme Court precedent, the U.S. Court of Appeals for the Third Circuit made clear in its decision In re Wellbutrin Antitrust Litigation that, in a reverse payment case, to establish antitrust...
Correctly interpreting Supreme Court precedent, the U.S. Court
of Appeals for the Third Circuit made clear in its decision In
re Wellbutrin Antitrust Litigation that, in a reverse payment
case, to establish antitrust injury, private plaintiffs must show
that it was more likely than not that a non-infringing generic
product would have entered earlier absent the settlement
agreement.
Originally published by Antitrust & Trade Regulation
Report, Bloomberg Law 16 March 2018.
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