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Showing archive for:  “Health Care”

Politicians Call for More Price Controls on Pharmaceuticals

Politicians have recently called for price controls to address the high costs of pharmaceuticals. Price controls are government-mandated limits on prices, or government-required discounts on prices. On the campaign trail, Hillary Clinton has called for price controls for lower-income Medicare patients while Donald Trump has recently joined Clinton, Bernie Sanders, and President Obama in calling for more ... Politicians Call for More Price Controls on Pharmaceuticals

Transparency in Pharmaceutical Pricing?

On January 12, 2016, the California state legislature will hold a hearing on AB 463: the Pharmaceutical Cost Transparency Act of 2016. The proposed bill would require drug manufacturers to disclose sensitive information about each drug with prices above a certain level.  The required disclosure includes various production costs including:  the costs of materials and manufacturing, the ... Transparency in Pharmaceutical Pricing?

Sharing the Wealth: Gig Economy Moves Toward a Portable Safety Net

Today, thirty-nine different companies and policy experts from a wide swath of the political spectrum signed a letter urging lawmakers to create a “portable benefits” platform that will enable sharing economy companies to continue innovating while simultaneously providing desirable social safety net benefits to workers. This is well timed, as there is a growing consensus ... Sharing the Wealth: Gig Economy Moves Toward a Portable Safety Net

The latest round in the “product-hopping” battle

Thanks to the Truth on the Market bloggers for having me. I’m a long-time fan of the blog, and excited to be contributing. The Third Circuit will soon review the appeal of generic drug manufacturer, Mylan Pharmaceuticals, in the latest case involving “product hopping” in the pharmaceutical industry — Mylan Pharmaceuticals v. Warner Chilcott. Product ... The latest round in the “product-hopping” battle

Truth on the Market welcomes our newest blogger, Joanna Shepherd

Truth on the Market is delighted to welcome our newest blogger, Joanna Shepherd. Joanna is a Professor of Law at Emory School of Law and holds an adjunct position in the Emory Economics Department (where she also earned her PhD). At the law school she teaches Torts, Law and Economics, Analytical Methods for Lawyers, and ... Truth on the Market welcomes our newest blogger, Joanna Shepherd

The competitive implications of the Affordable Care Act for health insurance merger review

Last week concluded round 3 of Congressional hearings on mergers in the healthcare provider and health insurance markets. Much like the previous rounds, the hearing saw predictable representatives, of predictable constituencies, saying predictable things. The pattern is pretty clear: The American Hospital Association (AHA) makes the case that mergers in the provider market are good ... The competitive implications of the Affordable Care Act for health insurance merger review

A Measured Approach to Patent Reform Legislation

Patent reform legislation is under serious consideration by the Senate and House of Representatives, a mere four years after the America Invents Act of 2011 (AIA) brought about a major overhaul of United States patent law. A primary goal of current legislative efforts is the reining in of “patent trolls” (also called “patent assertion entities”), ... A Measured Approach to Patent Reform Legislation

The OECD Provides Further Guidance on Assessing the Anticompetitive Impact of Laws and Regulations

The most welfare-inimical restrictions on competition stem from governmental action, and the Organization for Economic Cooperation and Development’s newly promulgated “Competition Assessment Toolkit, Volume 3: Operational Manual” (“Toolkit 3,” approved by the OECD in late June 2015) provides useful additional guidance on how to evaluate and tackle such harmful market distortions. Toolkit 3 is a ... The OECD Provides Further Guidance on Assessing the Anticompetitive Impact of Laws and Regulations

Commissioner Wright on the inappropriate use of structural presumptions in merger analysis & a great ABA program on the same

The FTC recently required divestitures in two merger investigations (here and here), based largely on the majority’s conclusion that [when] a proposed merger significantly increases concentration in an already highly concentrated market, a presumption of competitive harm is justified under both the Guidelines and well-established case law.” (Emphasis added). Commissioner Wright dissented in both matters ... Commissioner Wright on the inappropriate use of structural presumptions in merger analysis & a great ABA program on the same

The FTC’s Cardinal Health Settlement is Bad Antitrust Medicine and Highlights the Need for Additional Antitrust Guidance

On April 17, the Federal Trade Commission (FTC) voted three-to-two to enter into a consent agreement In the Matter of Cardinal Health, Inc., requiring Cardinal Health to disgorge funds as part of the settlement in this monopolization case.  As ably explained by dissenting Commissioners Josh Wright and Maureen Ohlhausen, the U.S. Federal Trade Commission (FTC) ... The FTC’s Cardinal Health Settlement is Bad Antitrust Medicine and Highlights the Need for Additional Antitrust Guidance

Red Tape Rising: The Heritage Foundation Spotlights the Excesses of the Regulatory State During the Obama Administration and Recommends Reforms

Understanding the nature and extent of the growth of the federal regulatory state is vital to sound policymaking.  Taking that to heart, over the last decade the Heritage Foundation has issued a series of reports measuring trends in federal regulatory activity.  On May 11 of this year, Heritage released its most recent regulatory study, “Red ... Red Tape Rising: The Heritage Foundation Spotlights the Excesses of the Regulatory State During the Obama Administration and Recommends Reforms

Mandated “fair use” language has no place in trade promotion authority

Earlier this week Senators Orrin Hatch and Ron Wyden and Representative Paul Ryan introduced bipartisan, bicameral legislation, the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (otherwise known as Trade Promotion Authority or “fast track” negotiating authority). The bill would enable the Administration to negotiate free trade agreements subject to appropriate Congressional review. Nothing ... Mandated “fair use” language has no place in trade promotion authority