Don't Ditch Antitrust's Role in Product Hopping: A Response to Pace and Adam
33 Antitrust 72 (2009)
2 Pages Posted: 28 Apr 2019
Date Written: April 22, 2019
When a brand drug firm reformulates its product, encourages doctors to prescribe the new version, and can offer no justification other than harming generic rivals, antitrust liability should be on the table. We thus disagree with Jack E. Pace III and Kevin C. Adam, who would limit antitrust liability in "product hopping" cases to deceptive reformulations or sham innovation. This short piece discusses.
Keywords: antitrust, product hopping, pharmaceuticals, drugs, innovation
JEL Classification: I18, K21, L40, L41, L43, L65, O34, O38
Suggested Citation: Suggested Citation