Research Handbook on International Competition Law
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Research Handbook on International Competition Law

Edited by Ariel Ezrachi

This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features 22 contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position.
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Chapter 21: Competition law and enforcement in the pharmaceutical industry

Michael A Carrier


Some of the most challenging competition law issues today arise in the pharmaceutical industry. This chapter explores these issues, focusing on developments in the United States and European Union. It begins by explaining the unique setting of the industry. It then examines settlements by which brand-name drug companies pay generic firms not to enter the market. Next, it explores the issue of product hopping, which involves switches from one version of a drug to another. The chapter concludes by examining a range of potentially anticompetitive behaviour that has received attention in the European Union. The issues discussed in this chapter have direct effects on consumer welfare throughout the world. Consumers spend billions of dollars extra each year because of the behaviour. Beyond the financial costs, the conduct has severe consequences for public health, forcing patients to split pills in half or even to skip taking their medications.

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