The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Health Care”

The FTC’s Errors in 1-800 Contacts

In an amicus brief filed last Friday, a diverse group of antitrust scholars joined the Washington Legal Foundation in urging the U.S. Court of Appeals for the Second Circuit to vacate the Federal Trade Commission’s misguided 1-800 Contacts decision. Reasoning that 1-800’s settlements of trademark disputes were “inherently suspect,” the FTC condemned the settlements under ... The FTC’s Errors in 1-800 Contacts

Balancing competition and innovation in the drug industry: An evaluation of current proposals.

Last week the Senate Judiciary Committee held a hearing, Intellectual Property and the Price of Prescription Drugs: Balancing Innovation and Competition, that explored whether changes to the pharmaceutical patent process could help lower drug prices.  The committee’s goal was to evaluate various legislative proposals that might facilitate the entry of cheaper generic drugs, while also ... Balancing competition and innovation in the drug industry: An evaluation of current proposals.

Reducing Duplicative Patent Challenges in the Drug Industry

On March 14, the Federal Circuit will hear oral arguments in the case of BTG International v. Amneal Pharmaceuticals that could dramatically influence the future of duplicative patent litigation in the pharmaceutical industry.  The court will determine whether the America Invents Act (AIA) bars patent challengers that succeed in invalidating patents in inter partes review ... Reducing Duplicative Patent Challenges in the Drug Industry

Drug Prices and Distortions in the Pharmaceutical Market

Drug makers recently announced their 2019 price increases on over 250 prescription drugs. As examples, AbbVie Inc. increased the price of the world’s top-selling drug Humira by 6.2 percent, and Hikma Pharmaceuticals increased the price of blood-pressure medication Enalaprilat by more than 30 percent. Allergan reported an average increase across its portfolio of drugs of 3.5 percent; ... Drug Prices and Distortions in the Pharmaceutical Market

The Hatch-Waxman Integrity Act of 2018—Reestablishing Balance in the Drug Industry

Last week, Senator Orrin Hatch, Senator Thom Tillis, and Representative Bill Flores introduced the Hatch-Waxman Integrity Act of 2018 (HWIA) in both the Senate and the House of Representatives.  If enacted, the HWIA would help to ensure that the unbalanced inter partes review (IPR) process does not stifle innovation in the drug industry and jeopardize ... The Hatch-Waxman Integrity Act of 2018—Reestablishing Balance in the Drug Industry

Vapor products, smoking, and harm reduction policies: Recent blog posts

Over the past few weeks, Truth on the Market has had several posts related to harm reduction policies, with a focus on tobacco, e-cigarettes, and other vapor products: Vapor products, harm reduction, and taxation: More questions than answers for a young and dynamic product market Applying harm reduction to smoking The political economy of vaping ... Vapor products, smoking, and harm reduction policies: Recent blog posts

The DOJ’s Approval of the CVS/Aetna Merger and Vertical Innovation by Incumbents

Last week, the DOJ cleared the merger of CVS Health and Aetna (conditional on Aetna’s divesting its Medicare Part D business), a merger that, as I previously noted at a House Judiciary hearing, “presents a creative effort by two of the most well-informed and successful industry participants to try something new to reform a troubled ... The DOJ’s Approval of the CVS/Aetna Merger and Vertical Innovation by Incumbents

The economic impact of smoke-free air laws on the restaurant and hospitality industries

The puzzling lack of economic impacts One focus in the analysis of smoke-free air (SFA) laws has been on measuring the impact smoking bans have on the restaurant and hospitality industries. The overwhelming or “consensus” result of this research is that bans impose no adverse impact on industry revenues and employment levels (Scollo et al., ... The economic impact of smoke-free air laws on the restaurant and hospitality industries

Applying harm reduction to smoking

Abstinence approaches work exceedingly well on an individual level but continue to fail when applied to populations. We can see this in several areas: teen pregnancy; continued drug use regardless of severe criminal penalties; and high smoking rates in vulnerable populations, despite targeted efforts to prevent youth and adult uptake. The good news is that ... Applying harm reduction to smoking

E-cigarette taxation: Lessons from “sin taxes”

The Economist takes on “sin taxes” in a recent article, “‘Sin’ taxes—eg, on tobacco—are less efficient than they look.” The article has several lessons for policy makers eyeing taxes on e-cigarettes and other vapor products. Historically, taxes had the key purpose of raising revenues. The “best” taxes would be on goods with few substitutes (i.e., ... E-cigarette taxation: Lessons from “sin taxes”

Foreign Export Cartels, Comity, and the Separation of Powers

Over the last two decades, the United States government has taken the lead in convincing jurisdictions around the world to outlaw “hard core” cartel conduct.  Such cartel activity reduces economic welfare by artificially fixing prices and reducing the output of affected goods and services.  At the same, the United States has acted to promote international ... Foreign Export Cartels, Comity, and the Separation of Powers

A Windfall for Insurers in the Medicare Part D Coverage Gap

The two-year budget plan passed last week makes important changes to payment obligations in the Medicare Part D coverage gap, also known as the donut hole.  While the new plan produces a one-year benefit for seniors by reducing what they pay a year earlier than was already mandated, it permanently shifts much of the drug ... A Windfall for Insurers in the Medicare Part D Coverage Gap