With the Supreme Court ruling on Obama Care, much of the business world is focused on healthcare. In honor of that attention, we decided to devote several issues this summer to the big three antitrust issues in healthcare.
The first issue is reverse payments, a perennial thorn-in-the-side for the FTC. For those who don’t know Cajun cooking, a turducken is a dish in which a chicken is stuffed inside a duck which, in turn, is stuffed inside a turkey, with each bird separated by a layer of stuffing. The use of the term by the Eleventh Circuit in the recently decided Androgel case reflects the Court’s frustration with the FTC’s arguments. We take a look at why the problem with this element of the Hatch Waxman act is causing the FTC, as one of our authors describes, to imitate Don Quixote’s perpetual tilting at windmills.
The Turducken Case Androgel and Reverse Payments
The task is formidable, but this is no place for over-simplification. John P. Bigelow (Princeton Economics Group)
Don’t assume that either the litigation or legislative setbacks spell the end of the FTC’s efforts. Anne Layne-Farrar (Compass Lexecon)
Are reverse payment settlemen