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."
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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