The United States Court of Appeals for the Second Circuit issued an affirmation of dismissal for an antitrust lawsuit against pharmaceutical company, AbbVie, on Monday. The company was charged in a case alleging that it attempted to delay competition for its hypertension treatment, Bystolic, by striking deals with several generic drug manufacturers.
The ruling is noteworthy as it stands as the Second Circuit’s inaugural decision made under the “pay for delay” ruling of Actavis outlined by the Supreme Court. This ruling was implemented to counteract potential anti-competitive behavior in the pharmaceutical industry, where manufacturers may pay competitors to delay the release of cheaper, generic versions of their drugs.
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