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Policy and Regulatory Report quotes Levine regarding pay-to-delay settlements between biologics

3/6/2014
Jay Levine, a partner in Porter Wright's antitrust practice, recently was interviewed for the article, "FTC pay-for-delay notification for 'biosimilars' would require new law," published in the March 6, 2014 edition of the Policy and Regulatory Report, part of the Financial Times Group.

From Financial Times, Ryan Lynch and Danbee Lee reporting:
... "Jay Levine, an antitrust partner at Porter Wright, said that right now there is little for regulators to worry about, as there are not yet any approved biosimilars on the market, no less any reverse payments between biologics makers. 'It may be a solution in search of a problem,' Levine said of efforts to extend notification requirements to biologics companies.

"If at some point biologics makers begin reaching anticompetitive pay-for-delay agreements, then the FTC could challenge those deals under Section 1 of the Sherman Act, Levine said. Congress could aid the commission by modifying the MMA, a move that would not be controversial because the current filing process for traditional drugs is relatively easy and inexpensive, he added." ...