2021 Regular Session SB 764 A

• Bill Title: Relating to agreements that lead to anticompetitive behavior in the market for pharmaceutical drugs.

Catchline/Summary

Provides that court must presume that resolution agreement that ends dispute over alleged infringement of patent or violation of other protection for protected drug has anticompetitive effects if alleged infringer receives item of value as part of or in connection with resolution agreement or if alleged infringer agrees to limit or stop researching, developing, manufacturing, marketing or selling competing drug.

Provides that Attorney General and] court must presume that resolution agreement that ends dispute over alleged infringement of patent or violation of other protection for protected drug has anticompetitive effects if alleged infringer receives item of value as part of or in connection with resolution agreement or if alleged infringer agrees to limit or stop researching, developing, manufacturing, marketing or selling competing drug.

Specifies basis on which party to resolution agreement may overcome presumption.

Provides that Attorney General may bring action to recover civil penalty for violations of Act in amount that is equivalent to three times value of item of value that alleged infringer received or $10 million per violation, whichever is greater.

Takes effect on 91st day following adjournment sine die.].

• Fiscal Impact: Has Minimal Fiscal Impact
• Revenue Impact: No Revenue Impact
• Current Location: In House Committee
• Current Committee: House Committee On Rules