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Michael A. Carrier

One of the most pressing issues in antitrust law involves “product hopping.” A brand-name pharmaceutical company switches from one version of a drug (say, capsule) to another (say, tablet). The concern with this conduct is that some of these switches offer only a relatively minor medical benefit while at the same time significantly impairing generic competition. The antitrust analysis of product hopping is complex. In the US, it implicates the intersection of antitrust law, patent law, the Hatch-Waxman Act, and state drug product selection laws. In fact, the behaviour is even more complex because it involves uniquely complicated markets characterised by buyers (insurance companies, patients) who are different from the decision-makers (physicians). This chapter introduces the relevant US laws and regulatory frameworks before exploring the five important litigated cases.

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Michael A. Carrier

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Michael A. Carrier

The intersection of the intellectual property and competition laws presents uniquely complicated legal issues. In this essential research review Professor Carrier brings together 14 of the most important works written about the intersection. The articles, from leading judges, government officials, academics, and economists, explore history, the ‘new economy’, and frameworks to resolve the tension between the laws. They also address refusals to license, patent pools, innovation markets, standard setting organizations, and pharmaceutical patent settlements.
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Michael A. Carrier

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Michael A. Carrier

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Michael A. Carrier