Showing archive for: “Pharmaceutical Industry”
Time to Confront Bias Against Patent Owners in Patent “Reform” Legislation like the VENUE Act
Last March, I published an op ed in the the Washington Times on the proposed VENUE Act, a recently introduced bill taken wholesale from a portion of HR 9 (the tendentiously titled “Innovation Act”). HR 9 has rightly stalled given its widespread and radical changes to the patent system that weaken and dilute all property rights ... Time to Confront Bias Against Patent Owners in Patent “Reform” Legislation like the VENUE Act
More proposed market interventions to control drug costs
Last week, the Campaign for Sustainable Rx Pricing (CSRxP)—whose membership includes health insurance companies and other health payors, health providers, and consumers—proposed various reforms aimed at addressing the high costs of prescription drugs. CSRxP declares that their proposals will improve the functioning of the pharmaceutical market by increasing pricing transparency, promoting competition, and enhancing value. Although ... More proposed market interventions to control drug costs
The Obama Administration’s Latest Attack on IP Rights Threatens the Development of Innovative Biologic Drugs
The Obama Administration regrettably continues its campaign to weaken intellectual property (IP) rights, moving beyond antitrust policy (see articles by me, here and here) to the realm of substantive legislation. In his fiscal year 2017 budget proposal, President Obama proposed to reduce the period of exclusivity granted producers of “biologic” drugs from twelve to seven ... The Obama Administration’s Latest Attack on IP Rights Threatens the Development of Innovative Biologic Drugs
Competition, not Price Controls
In an effort to control drug spending, several states are considering initiatives that will impose new price controls on prescription drugs. Ballot measures under consideration in California and Ohio will require drug companies to sell drugs under various state programs at a mandated discount. And legislators in Massachusetts and Pennsylvania have drafted bills that would create new government commissions ... Competition, not Price Controls
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?
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
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
