Studies On Competition And Antitrust Issues In The Pharmaceutical Industry PDF Download
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Author | : Ann-Kathrin Lehnhausen |
Publisher | : Springer |
Total Pages | : 95 |
Release | : 2016-11-14 |
Genre | : Business & Economics |
ISBN | : 3658165510 |
Download Studies on Competition and Antitrust Issues in the Pharmaceutical Industry Book in PDF, ePub and Kindle
This publication examines how drug originator manufacturers manage to shield their products from competition. It characterizes the pharmaceutical industry in detail and analyzes actions that violate antitrust laws in the USA and/or the European Union. The publication examines, for example, pay-for-delay strategies, market foreclosure, resale price maintenance, but also mergers and acquisitions, while taking into account market specificities such as the unique research and development process. The study explains why drug prices sometimes remain at elevated levels even after the drug’s patent protection has expired. Knowing the characteristics of such anticompetitive strategies helps customers such as health insurance companies to develop effective counter-strategies.
Author | : Roy Levy |
Publisher | : DIANE Publishing |
Total Pages | : 226 |
Release | : 1999 |
Genre | : Antitrust law |
ISBN | : 1428953639 |
Download The Pharmaceutical Industry Book in PDF, ePub and Kindle
Author | : |
Publisher | : American Bar Association |
Total Pages | : 484 |
Release | : 2009 |
Genre | : Antitrust law |
ISBN | : 9781604425628 |
Download Pharmaceutical Industry Antitrust Handbook Book in PDF, ePub and Kindle
Author | : Pierre Kobel |
Publisher | : Springer |
Total Pages | : 499 |
Release | : 2017-09-20 |
Genre | : Law |
ISBN | : 3319558137 |
Download Antitrust in Pharmaceutical Markets & Geographical Rules of Origin Book in PDF, ePub and Kindle
This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law in the pharmaceutical sector, which continues to be a focus for anti-trust authorities around the world. A detailed international report explores the extent to which the application of the competition rules in the pharmaceutical sector should be affected by the specific characteristics of those products and markets (including consumer protection rules, the need to promote innovation, the need to protect public budgets, and other public interest considerations). It provides an excellent comparative study of this complex subject, which lies at the interface between competition law and intellectual property law. The second part of the book gathers contributions from various jurisdictions on the topic of “What rules should govern claims by suppliers about the national or geographic origin of their goods or services?” This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with indications of origin, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Author | : Roy Levy |
Publisher | : |
Total Pages | : 214 |
Release | : 1999 |
Genre | : Antitrust law |
ISBN | : |
Download The Pharmaceutical Industry Book in PDF, ePub and Kindle
Author | : Amalia Athanasiadou |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 520 |
Release | : 2018-08-14 |
Genre | : Law |
ISBN | : 9403501146 |
Download Patent Settlements in the Pharmaceutical Industry under US Antitrust and EU Competition Law Book in PDF, ePub and Kindle
Reverse payment settlements or “pay-for-delay agreements” between originators and generic drug manufacturers create heated debates regarding the balance between competition and intellectual property law. These settlements touch upon sensitive issues such as timely generic entry and access to affordable pharmaceuticals and also the need to preserve innovation incentives for originators and to strengthen the pipeline of life-saving pharmaceuticals. This book is one of the first to critically and comparatively analyse how such patent settlements and various other strategies employed by the pharmaceutical industry are scrutinised by both United States (US) and European courts and enforcement authorities, and to discuss the applicable legal tests and the main criteria used for their assessment. The book’s ultimate objective is to provide guidance to the pharmaceutical industry regarding the types of patent settlements, strategies and conduct which may be problematic from US antitrust and European Union (EU) competition law perspectives and to assist practitioners in structuring settlements which are both efficient and compliant. To this end, an exhaustive legal analysis of some of the most controversial issues regarding pharmaceutical patent settlements is provided, including: – the lengthy split among US Circuit Courts on the issue of pay-for-delay settlements, its resolution by the US Supreme Court in FTC v. Actavisand subsequent jurisprudence; – the decision of Lundbeck v. Commissionby the European General Court and the Servier decision of the European Commission; – the Roche/Novartisdecision of the European Court of Justice and the most important decisions by National Competition Authorities on pharma patent settlements in the EU; – an overview of other types of strategies such as product-hopping and product reformulations, no-authorised generic commitments, problematic side-deals, mechanisms affecting generic substitution; – the rejection of the “scope of the patent” test in both the US and the EU and the balancing of patent law and antitrust law considerations in the prevailing applicable tests; – the benefits of settlements and the main criteria for assessing their legitimacy under US antitrust and EU competition law. The analysis provides concrete examples of both illegitimate and legitimate settlements and strategies, emphasising on conduct that falls within a grey zone and on the circumstances and criteria under which such conduct could be deemed problematic from an antitrust perspective. This book will serve as a valuable guide for pharmaceutical companies wishing to minimise the risk of engaging in conduct that could potentially infringe US antitrust and EU competition law. It further aims to save courts and enforcement agencies and also practitioners and academics considerable time and resources by providing an exhaustive analysis of the relevant caselaw, with the ultimate goal to increase legal certainty on the most controversial aspects of patent settlements in the pharmaceutical industry.
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopoly, and Business Rights |
Publisher | : |
Total Pages | : 312 |
Release | : 1989 |
Genre | : Competition, Unfair |
ISBN | : |
Download Competitive Problems in the Pharmaceutical Drug Industry Book in PDF, ePub and Kindle
Author | : Margherita Colangelo |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : Antitrust law |
ISBN | : 9781509965540 |
Download Regulation, Innovation and Competition in Pharmaceutical Markets Book in PDF, ePub and Kindle
This book explores the fundamental and inextricable relationship between regulation, intellectual property, competition laws, and public health in prescription drugs markets, examining their interconnections and the delicate balance between the various interests and policy goals at stake. Although pharmaceutical markets are heavily regulated and subject to close antitrust scrutiny, there is a constant requirement for existing rules and policies to tackle a number of persistent, complex issues. The variety of anticompetitive practices occurring in this sector, the worrying rise in drug prices, and major, far-reaching concerns over the accessibility of medicines are sources of frequent controversy in academic and policy debate. Understanding the unique features and dynamics of the pharmaceutical industry requires a tailored and multifaceted approach. The study is enhanced by the adoption of a comparative perspective, tracing convergence and divergence between EU and US systems through the analysis of relevant applicable rules, emblematic case studies, and policy choices. Pursuant to this rigorous approach, the book provides an original and thought-provoking critique of the challenges of regulating pharmaceutical markets.
Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 60 |
Release | : 2002 |
Genre | : Business & Economics |
ISBN | : |
Download Competition in the Pharmaceutical Marketplace Book in PDF, ePub and Kindle
Author | : Meir Statman |
Publisher | : A E I Press |
Total Pages | : 106 |
Release | : 1983 |
Genre | : Business & Economics |
ISBN | : |
Download Competition in the Pharmaceutical Industry Book in PDF, ePub and Kindle