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| Distribution, Strategic Alliances & Joint Ventures |
Settlement Agreements May Give Rise To Antitrust Liability - 01/26/05
Antitrust and Trade Regulations
January 27, 2005
In our December Client Alert we discuss the recent ruling of a federal court that a settlement agreement seeking to free two parties from litigation violated the Antitrust laws, entrapping them in even more costly litigation. On January 5, 2005, the United States District Court for the Southern District of Florida in In re: Terazosin Hydrochloride Antitrust Litigation ruled that a settlement agreement between Abbott Laboratories ("Abbott") and Geneva Pharmaceuticals ("Geneva"), which partially resolved a patent dispute, constituted market allocation and was a per se violation of the Sherman Act.
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