3rd Circ. Ruling Isn't Last Word on Noncash Pay-For-Delay 

June 26, 2015 

Gregory Asciolla comments on pay-for-delay case's possible influence over other courts 

In a recently overturned dismissal of an antitrust suit challenging a Hatch-Waxman Act settlement, the Third Circuit answered the initial question of whether pay-for-delay deals have to include cash to face antitrust scrutiny. 

Labaton Sucharow Antitrust &Competition Practice Co-Chair Greg Asciolla, maintained that the Third Circuit's "well-reasoned analysis could apply equally to any transfer of value used to eliminate generic competition." 

"The focus should be in evaluating the potential anti-competitive effects of the payment, not the definition of a payment," Asciolla said. "This case will certainly be informative in guiding other courts in that analysis, thus ensuring consistent results."