Spring 2014, Volume 4, Number 2
Antitrust Chronicle – Patents, Drugs & Antitrust
This issue looks at four health issues recently argued by the FTC. First, we deal with the FDA’s REMS (risk evaluation and mitigation strategies) program and how it seems to conflict with the FTC’s desire to encourage generic competition. The FTC is examining branded pharmaceutical firms’ refusal to sell samples of restricted distribution products to firms seeking approval to market generic versions. The contributing authors ask some relevant questions such as — under which circumstances a monopolist’s refusal to deal with a rival constitutes exclusionary conduct that violates Section 2 of the Sherman Act? whether there is merit in using antitrust laws to force brand-name drug companies to share samples of their products with generic rivals to further competition and reduce the cost of prescription drugs, or is congressional action a better route?