Question

Fact Pattern 46-1
Quality Pharmaceuticals, Inc. (QPI), makes the prescription drug Reflux. Substitute Drugs Company (SDC) develops a generic version. SDC agrees not to market the generic in exchange for $40 million per year from QPI until a dispute between them over the patent for the drug is resolved.
Refer to Fact Pattern 46-1. A court would most likely rule that the agreement between QPI and SDC is
a. exempt from the antitrust laws.
b. per se illegal.
c. per se reasonable.
d. subject to analysis under the rule of reason.

Answer

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