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US branded drug makers pay to prevent generic competition

BMJ 2008; 336 doi: https://doi.org/10.1136/bmj.39601.618241.DB (Published 05 June 2008) Cite this as: BMJ 2008;336:1266
  1. Janice Hopkins Tanne
  1. 1New York

    Companies that make branded drugs make payments or beneficial agreements called “side deals” to prevent or restrict marketing of a generic form of a patented drug, the US Federal Trade Commission (FTC) reported last month.

    The commission reported that there were 33 final settlements in the fiscal year 2007. Fourteen included payment to the aspiring generic manufacturer and a restriction on the generic company’s ability to market the generic drug, a number similar to the previous year. The report did not name the companies involved.

    “‘Pay for delay’ settlements continue to proliferate,” …

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