Statement by FTC Chairman Jon Leibowitz Regarding Today’s District Court Decision Denying a Motion to Dismiss the Commission’s Pay-For-Delay Case Against Cephalon Inc.

Today’s decision seems to reflect a growing understanding—first in Congress now in the courts—that brand name drug companies must not be allowed to make pay-offs to their generic competitors to keep low-cost generic drugs off the market. These deals are costing American consumers $3.5 billion a year in higher drug costs.