Looking for Sense in the Italian Antitrust Authority Decision in the Pfizer Xalatan Case

Daniela Ampollini, Jul 27, 2012 The January 2012 decision of the Italian Antitrust Authority (“IAA”) in the Pfizer case, involving Pfizer’s actions to counter the marketing of generic versions of its product Xalatan, has given rise to a debate which has hardly appeased. Many commentators have already provided their impression from a competition law perspective. I, […]

European Commission Enforcement in the Pharmaceutical Sector: Less Than Expected? The Boehringer Case Closure Suggests As Much

Sean-Paul Brankin, Jul 27, 2012 On July 6, 2011, the European Commission closed the case file in itsBoehringer/Almirall investigation. It did so without a formal decision, without formal remedies, and without imposing a fine. There is nothing necessarily remarkable about that. Sometimes an investigation simply reveals that there is no case to answer and the […]

Cervantes Sequel: The FTC’s Quest to End Pay-for-Delay Pharma Settlements

Anne Layne-Farrar, Jun 27, 2012 We are drawing close to the thirtieth anniversary of the Drug Price Competition and Patent Term Restoration Act, better known as Hatch-Waxman, enacted in 1984. Among other things, the Act grants generic manufacturers the ability to challenge the validity of a patent covering a brand name drug without incurring the […]

Federal Trade Commission Rejected in “Reverse Payment” Suit

Kevin Noonan, Jun 27, 2012 The Federal Trade Commission in recent years has identified a practice it considers to be a threat to consumers regarding generic drugs. This threat is posed by the practice of “reverse payments” in ANDA litigation. Typically, in these arrangements a branded drug manufacturer settles litigation with a generic challenger brought […]

DOJ Merger Statement Renews Focus on Competitive Implications of Industry Standards

Donald Falk, Christopher Kelly, Apr 30, 2012 …The DOJ’s statement has caused some consternation, as it signals at the very least that the agency may be willing to use the merger review process to discourage-and possibly even extract concessions related to-a company’s lawful exercise of its intellectual property rights, even where the DOJ acknowledges that […]

Facing New Challenges at the Crossroads Between Competition and Intellectual Property in Europe: The Example of Korean Innovators

Damien Geradin, Hee-Eun Kim, Apr 30, 2012 The Free Trade Agreement between the European Union (“EU”) and Korea has been provisionally in force since July 1, 2011, nearly four years after negotiations started in May 2007. The Agreement removes tariffs and other trade barriers in an unprecedented manner, covering virtually all products. EU exporters of […]

Mergers with Dominant Firms: The Lundbeck Case

Herbert Hovenkamp, Dec 13, 2011 In Lundbeck the Eighth Circuit affirmed a district court’s decision approving a merger of the only two drugs authorized to treat a rare but serious heart condition in infants. When the acquisition occurred Lundbeck owned a patented drug called Indocin IV, which at the time was the only drug approved […]

Intellectual Property Rights Protection Versus Antitrust: Tug of War?

Alexander Kurdin, Andrey Shastitko, Dec 13, 2011 In this paper we consider the relationship between antitrust policy and intellectual property protection under the condition of poorly enforced intellectual property rights protection (despite their presumably strong protection on paper). This problem is a particular case of a more difficult and larger problem: interrelations between competition and […]

Innovation Market Theory and Practice: An Analysis and Proposal for Reform

Kent Bernard, May 20, 2011 Encouraging and/or preserving innovation in mergers and acquisitions have been critical factors in modern antitrust analysis. These aims have been justification for the breakup of proposed research programs targeting diseases as serious as HIV/AIDS and cancer. The rationale given is always to protect competition and enhance the benefits to consumers. Lawyers and economists justify […]

2025: Reverse-Payment Settlements Unleashed

Dec 16, 2010 The year is 2025. For the past two decades, brand-name drug companies have settled infringement lawsuits with generic firms by paying them to drop their patent challenges. Early in the 21st century, courts had explained that this was the natural state of affairs. By 2025, this is true many times over. This […]