F.T.C. v. Actavis, Inc.

Oral argument

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  61 min recording
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Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “a reverse payment, where large and unjustified, can bring with it the risk of significant anticompetitive effects” (emphasis added)
• calling the distinction between money and other transfers of value “a distinction without a difference”
• noting with approval an earlier holding that a district court need not grant leave to amend if plaintiffs make a “bare request in their response to a motion to dismiss”
• “[T]he payment (if otherwise unexplained) likely seeks to prevent the risk of competition. And, as we have said, that consequence constitutes the relevant anticom-petitive harm.”
• “We therefore leave to the lower courts the structuring of the present rule-of-reason antitrust litigation.”
• “a reverse payment, where large and unjustified, can bring with it the risk of significant anticompetitive effects”

Source: CourtListener parenthetical corpus (CC0).