Pharmaceutical Antitrust Complexity

CPI Antitrust Chronicle (Nov. 2014)

12 Pages Posted: 25 Nov 2014

Date Written: November 24, 2014


The pharmaceutical industry is unique in its complexity. Markets are nuanced. Multiple regulatory regimes apply. Generic entry is an event with dramatic consequences. These characteristics have encouraged brand-name drug firms to engage in an array of conduct that exploits this complexity to delay generic entry.

This essay discusses these issues, focusing on two activities: (1) “product hopping” from one version of a drug to another and (2) settlements by which brands pay generics to delay entry.

Keywords: pharmaceuticals, drugs, antitrust, complexity, settlements, product hopping, generics

JEL Classification: I18, K21, L40, L41, L43, L65, O34, O38

Suggested Citation

Carrier, Michael A., Pharmaceutical Antitrust Complexity (November 24, 2014). CPI Antitrust Chronicle (Nov. 2014), Available at SSRN:

Michael A. Carrier (Contact Author)

Rutgers Law School ( email )

217 North Fifth Street
Camden, NJ 08102-1203
United States
856-225-6380 (Phone)
856-225-6516 (Fax)

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