High Prices & No Excuses: 6 Anticompetitive Games (Presentation Slides)

Testimony for FTC Workshop on “Understanding Competition in Prescription Drug Markets”, 2017

10 Pages Posted: 8 Nov 2017

Date Written: November 6, 2017

Abstract

Brand firms have delayed generic competition even when there are no (or weak) patents. This testimony to the FTC highlights 6 such behaviors: (1) pay-for-delay settlements, (2) product hopping, (3) citizen petitions, (4) "REMS" restrictions, (5) non-REMS distribution restrictions, and (6) bundling/rebates. The testimony concludes with proposals addressing these forms of conduct.

Keywords: Drugs, Pharmaceuticals, Patent, Antitrust

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

Suggested Citation

Carrier, Michael A., High Prices & No Excuses: 6 Anticompetitive Games (Presentation Slides) (November 6, 2017). Testimony for FTC Workshop on “Understanding Competition in Prescription Drug Markets”, 2017. Available at SSRN: https://ssrn.com/abstract=3066514

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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