Consumers suffer from high drug prices, which stem in large part from pharmaceutical companies’ anticompetitive games. This essay discusses the crucial role antitrust enforcement agencies can play in addressing pay-for-delay settlements and product hopping and draws lessons from this...

Mergers in the pharmaceutical sector warrant special scrutiny not only because of concerns over affordability of medicines, but also because the institutional details of pharmaceutical markets complicate the economic analysis of merger effects. Standard anti-trust analysis of mergers, in...

A company collects more than 100 patents on a drug. It then aggressively asserts this “patent thicket” and enters into settlements with each of the competitors that could enter the market, paying them to delay their entry for years. The company admits that its strategy is to “make it more...

Pharmaceutical markets are complex. Multiple agents, including doctors, insurers, and pharmacies, play critical roles that affect competition between manufacturers and patient choice between drugs. This complexity, however, is neglected in standard antitrust analysis. In evaluating proposed...

This short article discusses the ruling that imposed a lifetime ban on “Pharma Bro” Martin Shkreli, perhaps the most notorious “bad actor” in the pharmaceutical industry, and required that he pay $65 million in excess profits he obtained from anticompetitive conduct relating to the drug...

This roundtable explores issues presented by "reverse payment" settlements by which brand-name drug companies pay generic firms to delay entering the market. Kent Bernard, Karen Bokat, Michael Carrier, Howard Morse, and Eric Stock explore the history of the settlements, potential legislation,...

Competition is the key to low prices in the pharmaceutical industry. For decades, Americans have benefited from affordable generic versions of brand-name drugs. But now, we stand poised on the wave of a revolution. Biologics, which include lifesaving cancer-treating drugs, can cost hundreds of...

In GSK v. Teva, the Federal Circuit (in a 2-1 ruling) found that Teva induced infringement of GSK's patent. While much of the opinion addresses issues of causation as applied to the facts at issue in the case, one aspect of the opinion raises significant general concern.In settings in which a...

The Supreme Court's decision in FTC v. Actavis has justly received widespread attention for its antitrust analysis of settlements by which brand-name drug companies pay generics to delay entering the market. Much of the attention has focused on the application of the Court's standard and the...