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The Prescription Drug Pricing Moment: Using Public Health Analysis to Clarify the Fair Competition Debate on Prescription Drug Pricing and Consumer Welfare

The J. L., Med. & Ethics, 45 S1 (2017): 45-49.

5 Pages Posted: 27 Apr 2017  

Ann Marie Marciarille

University of Missouri at Kansas City - School of Law

Date Written: April 27, 2017

Abstract

Fair competition law and public health law talk past each other when discussing pharmaceutical pricing and distribution. The former cannot agree on the relevant definition of consumer welfare. The latter does not fully comprehend the highly complex but inherently collective nature of pharmaceutical drug acquisition in the United States. This essay proposes to inject public health discourse into this debate to enrich it, focus it, and render it more accessible to those who must live by its outcome.

Keywords: Public health, pharmaceutical, antitrust, competition, consumer welfare, drug pricing, prescription drugs

JEL Classification: H51; I11, I13, I14, I15, I18, K20, K21, K32, L44,

Suggested Citation

Marciarille, Ann Marie, The Prescription Drug Pricing Moment: Using Public Health Analysis to Clarify the Fair Competition Debate on Prescription Drug Pricing and Consumer Welfare (April 27, 2017). The J. L., Med. & Ethics, 45 S1 (2017): 45-49.. Available at SSRN: https://ssrn.com/abstract=2959466

Ann Marie Marciarille (Contact Author)

University of Missouri at Kansas City - School of Law ( email )

5100 Rockhill Road
Kansas City, MO 64110-2499
United States

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