Rethinking Pharmaceutical Product Reformulations

This piece discusses pharmaceutical product reformulations and product hopping strategies, along with the impact that antitrust scrutiny may have on innovation incentives. The main thesis presented is that for the sake of preserving innovation incentives, antitrust analysis should not focus on whether the innovation examined is deemed as an “incremental” one according to antitrust enforcers; on the contrary, the overall economic and strategic context of the product reformulation should play