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Antitrust & Trade Reg.

Jul. 3, 2023

Gilead and Teva cleared of antitrust charges over delayed HIV drug

The case, in which the plaintiffs sought $3.9 billion in damages, was the first time in which a jury has found that a reverse payment was not improper or represented undue market power, according to Bart H. Williams and Susan L. Gutierrez of Proskauer Rose LLP.

Gilead Sciences Inc. and Teva Pharmaceuticals USA Inc. did not engage in a pay-to-delay scheme to inflate the prices of their HIV medications by stalling generics from entering the market, a jury in San Francisco found on Friday.

The case, in which the plaintiffs sought $3.9 billion in damages, was the first time in which a jury has found that a reverse payment was not improper or represented undue market power, according to Bart H. Williams and Susan L. Gutierrez of Proskauer Ros...

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