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www.fdanews.com/articles/132075-ftc-looking-to-agency-rule-as-8216-plan-c-8217-in-pay-for-delay-fight

FTC Looking to Agency Rule as ‘Plan C’ in Pay-for-Delay Fight

November 19, 2010
With efforts to enact a legislative ban on pay-for-delay settlements foundering and courts ruling against them, the FTC is considering issuing its own rule to put a stop to the deals. While the agency has not given up hope that it may score a victory in court or see progress made in Congress, an FTC rule that would shift the burden of proof to require drugmakers to prove that such deals are not anti-competitive is the agency’s “Plan C,” Thomas Rosch, an FTC commissioner, said at the World Generic Medicines Congress Americas 2010 in Washington, D.C.
Drug Industry Daily