In Actavis, the Supreme Court ruled that a "large and unexplained" payment from brands to generics may be evidence of anticompetitive conduct. This panel will examine post-Actavis lower-court decisions that have shed contradictory views, probing issues such as expected litigation costs, expected profits from continued sales, and the value of contemporaneous business transactions.
Lisa A. Jose Fales, Venable LLP
C. Scott Hemphill, New York University School of Law
John H. Johnson, Edgeworth Economics LLC
Peter R. Kohn, Faruqi & Faruqi LLP
Markus H. Meier, Assistant Director, Bureau of Competition, Federal Trade Commission
Karen N. Walker, Kirkland & Ellis LLP
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