The U.S. Supreme Court last week breathed new life into a long-running Federal Trade Commission campaign against "pay for delay" agreements between competing brand-name and generic drug manufacturers that put off the production of generics in return for cash.
But in the aftermath of the June 17 ruling in FTC v. Actavis, it is uncertain whether the agency can resume the litigation program at full strength, and also whether drug makers will scuttle the deals or gussy them up to make them more acceptable to lower courts.
