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. That decision was anything but a complete victory for the Commission s position.  Indeed, Justice Breyer wrote a relatively nuanced opinion holding, most importantly, that such settlements were not a per se antitrust violation (the FTC s original position).  Rather, the Court held that such agreements must be evaluated under the rule of reason.   However, reasonableness ( i.e., how tightly tethered to reality) of any such determination depends in larger part on the reasoner, and this characteristic (or flaw) is illustrated in the first full-fledged appellate affirmance of the FTC in a reverse payment settlement case,  The case arose over a settlement between branded drug maker Endo against Impax over its extended-release oxymorphone opioid drug product, Opana ER.  The agreement, entered into before the Supreme Court s

United statesJustice breyerValley drug coCommission finally winsGeneva pharmaceuticals incJefferson incImpax laboratoriesFalstaff brewing corpWatson pharmaceuticals incCircuit court the thirdBayer agPlough corpSupreme courtMcdonnell boehnen hulbert berghoffCommission issues report on reverse settlement agreementsWhile the commission