I wasn't suggesting that they will (or won't) force MNTA to run trials - only that they will only make a decision when either forced (by court action) or when congress sets ground rules with bio-generic legislation.
As for what decision they make - I would suggest it will probably be influenced by the forcing function (e.g. if the congressional legislation doesn't have bio-equivalence as an option then I'd be more willing to bet that the FDA forces a trial.)
BTW - This isn't to say that the science isn't a factor as well (e.g. some things are easier to prove 'equivalent') but I think a significant driver of the FDA decision will be external actions.
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