Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Wednesday, June 24, 2009

Removing Obstacles to Generic Drug Competition: A Critical Priority for Health Care Reform

Posted by D. Daniel Sokol

Along with holding Chairman Leibowitz's speech on exclusion payments yesterday, the Center for American Progress released a paper on pharmaceutical antitrust enforcement by David Balto titled Removing Obstacles to Generic Drug Competition: A Critical Priority for Health Care Reform.

ABSTRACT: The paper focuses on a variety of potential anticompetitive conduct including exclusion payments, product hopping, authorized generics, and sham regulatory filings and recommends that:

  • Congress should pass legislation expressly prohibiting exclusion payments in patent settlements
  • The Federal Trade Commission should investigate and bring cases to challenge product hopping where it has anticompetitive effects
  • Congress should enact a ban on authorized generics and the Federal Trade Commission should bring cases to prevent their use
  • The Federal Trade Commission should investigate and challenge the use of sham regulatory filings, such as citizen petitions and other efforts to subvert the regulatory process.

http://lawprofessors.typepad.com/antitrustprof_blog/2009/06/removing-obstacles-to-generic-drug-competition-a-critical-priority-for-health-care-reform.html

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