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June 12, 2018

Antitrust, Market Exclusivity, and Transparency in the Pharmaceutical Industry

Author Affiliations
  • 1Program On Regulation Therapeutics, And Law, Division of Pharmacoepidemiology and Pharmacoeconomics, Department of Medicine, Brigham and Women’s Hospital and Harvard Medical School, Boston, Massachusetts
  • 2Center for Health Policy and Law, Northeastern University School of Law, Boston, Massachusetts
  • 3Rutgers Law School, Rutgers University, Camden, New Jersey
JAMA. 2018;319(22):2271-2272. doi:10.1001/jama.2018.3478

High prescription drug prices, which have garnered attention across the political spectrum, often make access to essential medicines quite difficult for patients. Although lowering prescription drug prices is a bipartisan objective, the role of antitrust law in restoring competition and restraining price increases is not well understood by policy makers or the public.

In this Viewpoint, we explore 3 recent legal antitrust cases in which aggrieved competitors sued rival manufacturers, alleging that the anticompetitive practices of exclusive dealing and bundling prevented their products from gaining a foothold in the pharmaceutical marketplace.

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