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Senate approves bill to presume certain brand–generic settlement payments are anti-competitive
3411738 · May 20, 2025
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Summary
A bill passed that would shift the legal presumption in cases where brand-name drug companies pay generics to delay market entry, making such settlements presumptively anti-competitive unless proven otherwise, sponsors said.
The Senate passed legislation sponsored by Senator Fernandez that changes the legal presumption in cases where a brand-name drug manufacturer pays a generic company to delay market entry. Sponsor Fernandez said the change flips the traditional presumption and requires parties to prove that any payment and delay is not anti-competitive, arguing such…
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