Correctly interpreting Supreme Court precedent, the U.S. Court of Appeals for the Third Circuit made clear in its decision In re Wellbutrin Antitrust Litigation that, in a reverse payment case, to establish antitrust injury, private plaintiffs must show that it was more likely than not that a non-infringing generic product would have entered earlier absent the settlement agreement.

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Originally published by Antitrust & Trade Regulation Report, Bloomberg Law 16 March 2018.

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