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Carrier, Michael A --- "Competition law and enforcement in the pharmaceutical industry" [2012] ELECD 1126; in Ezrachi, Ariel (ed), "Research Handbook on International Competition Law" (Edward Elgar Publishing, 2012) 521

Book Title: Research Handbook on International Competition Law

Editor(s): Ezrachi, Ariel

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857934796

Section: Chapter 21

Section Title: Competition law and enforcement in the pharmaceutical industry

Author(s): Carrier, Michael A

Number of pages: 24

Abstract/Description:

Some of the most challenging competition law issues today arise in the pharmaceutical industry. This chapter explores these issues, focusing on developments in the United States and European Union. It begins by explaining the unique setting of the industry. It then examines settlements by which brand-name drug companies pay generic firms not to enter the market. Next, it explores the issue of product hopping, which involves switches from one version of a drug to another. The chapter concludes by examining a range of potentially anticompetitive behaviour that has received attention in the European Union. The issues discussed in this chapter have direct effects on consumer welfare throughout the world. Consumers spend billions of dollars extra each year because of the behaviour. Beyond the financial costs, the conduct has severe consequences for public health, forcing patients to split pills in half or even to skip taking their medications.