Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants may need a more nuanced understanding of market competition. This is especially relevant when multiple patents differentiate multiple products. Economists at Competition Dynamics argue that nuanced characterizations of actual and “but-for” market competition are essential in such scenarios.
Recently, the Federal Trade Commission has urged the delisting of certain patents from the U.S. Food and Drug Administration’s “Orange Book” database, stating that they do not claim the underlying drug. More details can be found in the original article published by Law360.