Gilead-Teva Pay for Delay Verdict Spotlights Antitrust Challenge

A federal jury’s verdict in favor of Gilead Sciences Inc. and Teva Pharmaceutical Industries Ltd. over an alleged pay-for-delay deal underscores plaintiffs’ long odds in such cases given their burden of proving defendants’ market power.

United HealthCare Services Inc., CVS Pharmacy Inc., Centene Corp. and other plaintiffs accused Gilead and Teva of illegally colluding to delay Teva’s generic HIV treatment so that Gilead’s branded drugs could avoid competition.

Attorneys representing Gilead in the $3.6 billion lawsuit said the jury found the plaintiffs didn’t prove the drugmaker had the requisite market power in the market for HIV treatment drugs.

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