Quick Results
In the News

James Burns Discusses 2016 Antitrust Issues for Pharmaceutical Companies in Bloomberg BNA


Antitrust issues are expected to be a top issue for pharmaceutical companies in 2016. In this Bloomberg BNA Pharmaceutical Law & Industry Report article, James Burns comments on a number of antitrust issues facing the industry, such as product hopping, which occurs when brand-name drugmakers make small formulation changes to their products just before patents are about to run out and as generics are about to enter the market.

"Product hopping as an antitrust violation reflects the continuing evolution of the antitrust laws generally, where the line between lawful and unlawful conduct continues to blur, with the facts and circumstances in each specific case becoming increasingly critical to the analysis," Mr. Burns said. "While advocates of such a theory contend that such conduct can present anticompetitive harm, and thus should be actionable, the theory pushes the boundaries of how Section 2 of the Sherman Act has traditionally been utilized."

Read the Article

Reproduced with permission from Pharmaceutical Law & Industry Report,13 PLIR 1632 (Nov. 10, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept