Pay To Delay
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Pay For Delay Deals
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Author : Competition P. Subcommittee on Antitrust
language : en
Publisher: CreateSpace
Release Date : 2015-06-17
Pay For Delay Deals written by Competition P. Subcommittee on Antitrust and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-17 with categories.
In 2012, analysts estimate that Americans spent $325 billion on prescription drugs and they predict that drug sales will rise by more than four percent in the year 2014. Generic drugs, which can cost as much as 90 percent lower than brand-name drugs, help rein in the costs. A brand-name drug that costs $300 per month might be sold as a generic for as little as $30 per month, but for several years, pay-for-delay deals have robbed consumers of cost-saving generic drugs. At the very core, these deals involve collusion between brand and generic competitors to keep generic competition off the market. A brand-name drug company pays their generic competitor cash or another form of payment. In exchange, the generic delays its entry into the marketplace. The brand company wins because it gets to maintain its monopoly, and the generic company wins because they get paid more than they would have if they came to market. But American consumers and American taxpayers lose out on lower-cost generic drugs to the tune of billions of dollars each year, $3.5 billion according to the Federal Trade Commission.
Pay For Delay How Drug Company Pay Offs Cost Consumers Billions
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Author :
language : en
Publisher: DIANE Publishing
Release Date : 2010
Pay For Delay How Drug Company Pay Offs Cost Consumers Billions written by and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Drugs categories.
Pay To Delay
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy
language : en
Publisher:
Release Date : 2010
Pay To Delay written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Business & Economics categories.
Generic Drugs
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Author : Christina M. Curtin
language : en
Publisher: Nova Science Publishers
Release Date : 2011
Generic Drugs written by Christina M. Curtin and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Drugs categories.
Brand-name pharmaceutical companies can delay generic competition that lowers prices by agreeing to pay a generic competitor to hold its competing product off the market for a certain period of time. These so-called "pay-for-delay" agreements have arisen as part of patent litigation settlement agreements between brand-name and generic pharmaceutical companies. "Pay-for-delay" agreements are "win-win" for the companies: brand name pharmaceutical prices stay high, and the brand and generic share the benefits of the brand's monopoly profits. Consumers lose, however: they miss out on generic prices that can be as much as 90 percent less than brand prices. For example, brand-name medication that costs $300 per month, might be sold as a generic for as little as $30 per month. This book examines the "pay-for-delay' program and how drug company pay-offs cost consumers billions.
A Brief Introduction To Competition Concerns In Pay For Delay Settlement Agreements Between Brand Name And Generic Drug Companies
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Author : Rudolph J.R Peritz
language : en
Publisher:
Release Date : 2013
A Brief Introduction To Competition Concerns In Pay For Delay Settlement Agreements Between Brand Name And Generic Drug Companies written by Rudolph J.R Peritz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Antitrust authorities in both the United States and Europe have expressed deep concern over settlements of antitrust cases in the pharmaceutical sector, settlements involving “reverse payments” from plaintiffs to defendants, large sums paid by branded pharmaceutical companies to generic competitors in exchange for promises to stay off the market. Such “pay-for-delay” settlements have proliferated in the United States since federal circuit courts of appeals have found them unproblematic despite the Federal Trade Commission's persistently strong position that they violate the antitrust laws. These cases arise at the intersection of three statutory regimes seeking to promote innovation, three clusters of doctrine and policy that have interacted only to reach impasse: the Patent Act, the 1984 amendment to the Food, Drug, and Cosmetic Act, and finally the Sherman Anti-Trust Act. Antitrust is a late comer to the fierce competition over patented drugs, competition that permeates the approval process in the Food & Drug Administration [the FD , competition that is restrained by these pay-for-delay settlement agreements. To set the stage, we begin with the Patent Act and its relationship to the FDA approval process. The story of pay-for-delay settlements then proceeds to the settlement agreements and their antitrust implications. We conclude that the best solution in these antitrust cases would be adoption of the FTC's approach of presumptive illegality. Together with an amendment proposed to fix the food and drug act, the presumptive illegality of pay-for-delay settlements under the antitrust laws would make the market for pharmaceuticals more price competitive, open weak patents to serious challenge, and as a result save consumers billions of dollars annually without taking from branded drug companies legitimately earned incentives to engage in research and development.
Paying For Delay
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Author : C. Scott Hemphill
language : en
Publisher:
Release Date : 2013
Paying For Delay written by C. Scott Hemphill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Over the past decade, drug makers have settled patent litigation by making large payments to potential rivals who, in turn, abandon suits that (if successful) would increase competition. Because such "pay-for-delay" settlements postpone the possibility of competitive entry, they have attracted the attention of antitrust enforcement authorities, courts, and commentators. Pay-for-delay settlements not only constitute a problem of immense practical importance in antitrust enforcement, but also pose a general dilemma about the proper balance between innovation and consumer access. This Article examines the pay-for-delay dilemma as a problem in regulatory design. A full analysis of the relevant industry-specific regulatory statute, the Hatch-Waxman Act, yields two conclusions. First, certain features of the Act widen, often by subtle means, the potential for anticompetitive harm from pay-for-delay settlements. Second, the Act reflects a congressional judgment favoring litigated challenges, contrary to arguments employed to justify these settlements. These results support the further conclusion that pay-for-delay settlements are properly condemned as unreasonable restraints of trade. This analysis illustrates two mechanisms by which an industry-specific regulatory regime shapes the scope of antitrust liability: by creating (or limiting) opportunities for anticompetitive conduct as a practical economic matter, and by guiding as a legal matter the vigor of antitrust enforcement in addressing that conduct.
Pay For Delay Deals
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Author : United States. Congress
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-12-20
Pay For Delay Deals written by United States. Congress and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-20 with categories.
Pay-for-delay deals : limiting competition and costing consumers : hearing before the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary, United States Senate, One Hundred Thirteenth Congress, first session, July 23, 2013.
Pay For Delay Deals
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Author : United States Congress
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-10-03
Pay For Delay Deals written by United States Congress and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-03 with categories.
Pay-for-delay deals : limiting competition and costing consumers : hearing before the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary, United States Senate, One Hundred Thirteenth Congress, first session, July 23, 2013.
Pay To Delay Are Patent Settlements That Delay Generic Drug Entry Anti Competitive Serial No 111 105 June 3 2009 111 1 Hearing
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Author :
language : en
Publisher:
Release Date : 2010
Pay To Delay Are Patent Settlements That Delay Generic Drug Entry Anti Competitive Serial No 111 105 June 3 2009 111 1 Hearing written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Pay To Delay
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Author : United States. Congress
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-12-30
Pay To Delay written by United States. Congress and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-30 with categories.
Pay to delay : are patent settlements that delay generic drug market entry anticompetitive? : hearing before the Subcommittee on Courts and Competition Policy of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, first session, June 3, 2009.