In my testimony to the Senate Judiciary Committee, I explained the benefits of legislation addressing anticompetitive conduct that brand-name drug companies have employed: sample denials, pay-for-delay settlements, citizen petitions, product hopping, and patent thickets. By increasing generic...

Common ownership - where several firms are (partially) owned by the same investors - and its impact on product market competition has recently drawn much attention. This paper focuses on its implications for market entry. Specifically, we consider the entry decisions of generic pharmaceutical...

In this ex-post analysis, we have used three large pharmaceutical merger cases to examine the correctness of the market definition carried out by the FTC and the European Commission with regard to innovation competition. In doing so, we selected three merger cases that were reviewed by both...

We investigate patterns in common ownership networks between firms that are active in the US pharmaceutical industry for the period 2004-2014. Our main findings are that "brand firms" - i.e. firms that have R&D capabilities and launch new drugs - exhibit relatively dense common ownership...

The essay develops a new approach for antitrust analysis of pay-for-delay settlements in pharmaceutical patent infringement cases, an approach that shows them to be presumptively prohibited agreements in restraint of competition. The issue is timely in light of the Watson v FTC case now pending...

Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics even from entering the market. The ruse for this strategy involves risk-management...

As CEO of Turing Pharmaceuticals, Martin Shkreli made worldwide headlines by obtaining marketing rights to pyrimethamine (Daraprim) and quickly increasing the price 5000 percent, from $13.50 to $750 per pill. In addition to increasing price, Turing initiated another less widely appreciated move...

In FTC v. Actavis, the Supreme Court held that a brand payment to a generic to delay entering the market could have "significant anticompetitive effects" and violate the antitrust laws. In a narrow, formalistic ruling, the court in In re Lamictal held that such payments were limited to cash. On...