“Pay for delay” in the context of antitrust refers to agreements between drug companies not to compete. Essentially, branded drug manufacturers can stifle competition by offering generic drug competitors patent settlements to not bring lower-cost alternatives to market. Such pay-for-delay agreements can raise antitrust concerns as they delay the introduction of cheaper generic drugs to the market, which can keep drug prices elevated and limit consumers’ choice. Such agreements are considered anticompetitive by the Federal Trade Commission.

In pay-for-delay antitrust cases, it can be necessary to engage an expert economist who has experience working on pay-for-delay cases and can assess the harm and economic damages of such agreements. Clients rely on Econ One’s antitrust experts for their ability to assess the impact of pay-for-delay agreements and their ability to deliver comprehensive expert reports and expert testimony before courts and regulatory agencies.

Econ One’s global team of experienced antitrust economists have worked on some of the most intricate and high-stakes pay-for-delay cases. We are regularly called upon to utilize cutting-edge econometric models and data analysis techniques to isolate economic effects and assess injury in pay-for-delay cases. This results in Econ One being the trusted partner in navigating the complexities of pay-for-delay agreements.