United States:
Principles Of Antitrust Causation Are Alive And Well[Butrin]: Why The Third Circuit Got It Right
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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 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.
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Originally published by Antitrust & Trade Regulation
Report, Bloomberg Law 16 March 2018.
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