Generic Drugs : The Pay-For-Delay Problem

by Curtin, Christina M.

• ISBN13: 9781611220711
• ISBN10: 1611220718
• Edition: 1st
• Format: Hardcover
• Copyright: 2011-03-01
• Publisher: NOVA SCIENCE PUBLISHERS INC

Summary

Brand-name pharmaceutical companies can delay generic competition that lowers prices by agreeing to pay a generic competitor to hold its competing product off the market for a certain period of time. These so-called "pay-for-delay" agreements have arisen as part of patent litigation settlement agreements between brand-name and generic pharmaceutical companies. "Pay-for-delay" agreements are "win-win" for the companies: brand name pharmaceutical prices stay high, and the brand and generic share the benefits of the brand's monopoly profits. Consumers lose, however: they miss out on generic prices that can be as much as 90 percent less than brand prices. For example, brand-name medication that costs $300 per month, might be sold as a generic for as little as $30 per month. This book examines the "pay-for-delay' program and how drug company pay-offs cost consumers billions.

Table of Contents

Preface

Pay-for-Delay: How Drug Company Pay-Offs Cost Consumers Billions

"Pay-for-Delay" Settlements in the Pharmaceutical Industry: How Congress Can Stop Anticompetitive Conduct, Protect Consumers' Wallets, & Help Pay for Health Care Reform (The $35 Billion Solution)

Statement of The Federal Trade Commission, before the Subcommittee on Courts & Competition Policy, Hearing on "Anticompetitive Pay-for-Delay Settlements in the Pharmaceutical Industry: Why Consumers & the Federal Government are Paying Too Much for Prescription Drugs"

Testimony of Heather Bresch, Chief Operating Officer, Mylan, Inc, before the Subcommittee on Courts & Competition Policy, Hearing on "Pay to Delay: Are Patent Settlements that Delay Generic Drug Market Entry Anticompetitive"

Testimony of Bret M Dickey, Senior Vice President, Compass Lexecon, before the Subcommittee on Courts & Competition Policy, Hearing on "Pay to Delay: Are Patent Settlements that Delay Generic Drug Market Entry Anticompetitive"

Statement of Guy Donatiello, Endo Pharmaceuticals Inc., before the Subcommittee on Courts & Competition Policy, Hearing on "Pay to Delay: Are Patent Settlements that Delay Generic Drug Market Entry Anticompetitive"

Statement of William P. (Bill) Kennedy, Co-Owner, Nephron Pharmaceuticals Corporation, before the U.S. House of Representatives, Hearing on "H.R. 1706, the Protecting Consumer Access to Generic Drugs Act of 2009"

Testimony of William Vaughan, Senior Health Analyst, Consumers Union, Non-Profit Publisher of Consumer Reports, before the Subcommittee on Courts & Competition Policy, Hearing on "Pay to Delay: Are Patent Settlements that Delay Generic Drug Market Entry Anticompetitive"

Index

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