The court is allowing the Federal Trade Commission to keep pursuing pharmaceutical companies for “pay to delay” arrangements, wherein the companies pay generic manufacturers to keep cheap versions of drugs off the market. The case is FTC v. Actavis.
Stephen Breyer wrote the opinion, joined by Anthony Kennedy, Sonia Sotomayor, Ruth Bader Ginsburg, and Elena Kagan. John Roberts dissented, joined by Clarence Thomas and Antonin Scalia. Samuel Alito recused himself.