Peter Kohn speaks at the ABA Section of Antitrust Law’s 66th Annual Spring Meeting

Peter Kohn was an invited speaker at the Antitrust Magazine and Health Care & Pharmaceuticals Committee program, Reverse Payment Settlements: Explaining “Large And Unexplained” on April 11 at the ABA Section of Antitrust Law’s 2018 Spring Meeting in Washington, D.C.  In FTC v. Actavis, the Supreme Court ruled that a “large and unexplained” payment from brands to generics may be evidence of anticompetitive conduct.  The program examined post-Actavis lower-court decisions that have shed contradictory views.  Mr. Kohn was joined by Lisa A. Jose Fales of Venable LLP (who moderated the program), C. Scott Hemphill of  New York University School of Law, John H. Johnson of Edgeworth Economics, Markus H. Meier of the Federal Trade Commission, and Karen N. Walker of Kirkland & Ellis LLP.  Mr. Kohn spoke from the perspective of direct purchasers and consumers about how pay-for-delay settlements harm competition and the rules courts apply in finding them illegal and awarding damages.  Mr. Kohn was last invited to speak at the Section of Antitrust Law’s Spring Meeting in 2016, on the topic of exclusionary product “hopping” and FDA REMS (risk evaluation and mitigation strategy) abuse.