THE NATIONAL PULSE
peted with the patented drug.
“THE ODDS HAVE NEVER BEEN
BETTER THAN THEY ARE NOW. IF WE
REDO OUR HEALTH CARE SYSTEM,
THIS WILL BE PART OF IT.”
THE JUSTICE DEPARTMENT, HOWEVER, HAS HAD LITTLE
trouble changing its stance on reverse payments. Under
Bush the agency indicated there were significant antitrust problems with these settlements, but shied away
from offering any clear solutions.
The Justice Department declined to endorse the
Federal Trade Commission’s view that reverse payments are presumptively unlawful, and that the parties
involved in reverse payments have the burden of rebutting this presumption. The DOJ, moreover, never de-