There is a very interesting development in the ongoing saga of the FTC v. Schering-Plough Corporation, a very important antitrust case involving a payment from a branded pharmaceutical manufacturer to a generic to delay entry (a “reverse payment”). The interesting development is that the FTC, who offered a brief in favor of cert., has now also filed a supplemental brief in response to the DOJ’s brief recommending denial of cert. The excellent Antitrust Review blog has been all over this, and has posted copies of the FTC and DOJ briefs (see also Patently-O).
Does anyone know of another example of an inter-agency conflict of this nature between the FTC and Solicitor General on an antitrust issue?
