Antitrust Plays Whack-a-Mole as Exclusion of Competition by Drug Monopolists Pops Up Again: Gaming the “REMS”

Some brand-name drug manufacturers have used various tactics—some lawful and some arguably unlawful—in an effort to delay generic competition and maintain monopoly profits.

Fall 2016

The pharmaceutical industry is a big business. Top selling drugs, many protected by patents, often sell at prices reflecting the monopoly power that brand-name drug manufacturers may enjoy. Enter the fray, generic competition, offering patients therapeutic equivalents to brand-name drugs at a fraction of the cost--saving consumers hundreds of billions of dollars each year. The first generic drug to come to market is typically offered at a price discount of 20% to 30% off the brand-name, with entry by additional generic competitors driving the discount to as much as 90%.

Reprinted with permission from: NYLitigator, Fall 2016, Vol. 21, No. 2, published by the New York State Bar Association, One Elk Street, Albany, New York, 12207

The articles on our Website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice.

Dislcaimer

Jay Himes

Matthew Perez

Laura Sedlak

Andrew Finch

Back to Top