commercially reasonable, market-based terms
Defined in 1 place of the United States Code.
the term “commercially reasonable, market-based terms” means—
(A) a nondiscriminatory price for the sale of the covered product at or below, but not greater than, the most recent wholesale acquisition cost for the drug, as defined in section 1395w–3a(c)(6)(B) of title 42;
(B) a schedule for delivery that results in the transfer of the covered product to the eligible product developer consistent with the timing under subsection (b)(2)(A)(iv); and
(C) no additional conditions are imposed on the sale of the covered product;
Source
- 2019–present21 U.S.C. § 355-2Food and Drugs · Actions for delays of generic drugs and biosimilar biological products · in this section