Makes it unlawful for brand-name drug makers to pay generic or biosimilar competitors to delay their market entry, and treats such agreements as unfair competition enforced by the Federal Trade Commission.

• Adds Section 27 to the Federal Trade Commission Act, presuming an agreement anticompetitive when a generic or biosimilar filer receives something of value and agrees to limit its own sales, unless the parties show otherwise.
• Sets civil penalties of up to three times the value received and lists exclusions for payments limited to a set entry date, reasonable litigation expenses up to $7,500,000 in 2025, or a covenant not to sue.
• Requires parties to file a certified statement that their filed agreements are complete, and allows the FTC six years after that filing to bring enforcement proceedings.
• Removes a generic drug maker's 180-day exclusivity period when its agreement violates the new section.

• Judiciary Committee (Senate)

Health