HB 4470

Creates the Prohibition on Anticompetitive Pharmaceutical Practices Act. Provides that, except as specified, a court before which the Attorney General brings an action under the Act shall presume that a resolution agreement that ends a dispute over an alleged infringement of a patent, or a violation of other protection for a protected drug, has anticompetitive effects and is a violation of the Act if, as part of or in connection with the resolution agreement, an alleged infringer: (1) receives an item of value; or (2) agrees to limit or stop researching, developing, manufacturing, marketing, or selling a competing drug. Provides that a resolution agreement does not violate the Act and a party to the resolution agreement may overcome the presumption of anticompetition if the party, by a preponderance of evidence, can demonstrate that: (1) the item of value that the alleged infringer received is fair and reasonable compensation solely for other goods or services that the claimant promised to provide to the alleged infringer; or (2) the agreement has directly generated procompetitive benefits within the relevant market and the procompetitive benefits of the resolution agreement favor competition to the extent that the procompetitive benefits materially outweigh the anticompetitive effects of the resolution agreement. Sets forth provisions concerning penalties and enforcement of the Act by the Attorney General. Provides that the Act applies to resolution agreements: (1) that are negotiated, completed, or entered into within the State on or after the effective date of this Act; (2) where the dispute arose out of or was substantially related to pharmaceutical sales that were made within the State; or (3) where a party to the resolution agreement is an entity registered to conduct business within the State.