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An Examination Of Product Hopping By Brand-Name Prescription Drug Manufacturers: The Problem And A Proposed Solution, Daniel Burke
An Examination Of Product Hopping By Brand-Name Prescription Drug Manufacturers: The Problem And A Proposed Solution, Daniel Burke
Cleveland State Law Review
The balance between incentivizing innovation through exclusivity protection and maintaining competitive market conditions—including prices for consumers—is a difficult line to toe. Product hopping has characteristics that constitute a violation of the Sherman Antitrust Act because companies can maintain monopoly power in the pharmaceutical market. While some monopoly power is justified as an incentive for incredibly costly innovation, extended periods of exclusivity harms consumers by keeping prescription drug prices artificially inflated. Allowing generic drug manufacturers to compete sooner in the prescription drug market by disallowing product hopping by name-brand pharmaceutical drug companies will aid in driving down prices. Courts should adopt …
Ball, Bat And Bar, Harold Seymore
Ball, Bat And Bar, Harold Seymore
Cleveland State Law Review
Most Americans assume that they live under one set of laws which govern everybody. They also think that while monopolies and their abuses were once a problem, regulatory measures have long since eliminated or controlled them. The business of organized baseball proves that both these assumptions are mistaken. Recent operations of some baseball "companies" have underscored the falsity of these assumptions. The baseball business operates under its own complicated body of private law, and has been doing so ever since the business got its real start with the formation of the National League in 1876. Organized baseball is also a …