The Anticompetitive Impact of Settlements in the Pharmaceutical Industry: The Need for Revisions to the Drug Price Competition and Patent Restoration Act of 1984

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The Anticompetitive Impact of Settlements in the Pharmaceutical Industry: The Need for Revisions to the Drug Price Competition and Patent Restoration Act of 1984

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dc.contributor.advisor Hutt, Peter Barton en_US
dc.contributor.author Kunstling, Claire G. en_US
dc.date.accessioned 2012-06-07T20:12:28Z
dc.date.issued 2002 en_US
dc.identifier.citation The Anticompetitive Impact of Settlements in the Pharmaceutical Industry: The Need for Revisions to the Drug Price Competition and Patent Restoration Act of 1984 (2002 Third Year Paper) en
dc.identifier.uri http://nrs.harvard.edu/urn-3:HUL.InstRepos:8852120
dc.description.abstract This paper will begin by briefly examining the theories behind antitrust law and intellectual property law. Then it will look at the provisions of the Hatch-Waxman Act and at how Congress tried to balance the incentives underlying both of these regimes within those provisions. The paper will continue by looking at the costs and benefits of settlements, particularly patent settlements in the pharmaceutical industry. The paper will then examine three cases filed by the Federal Trade Commission (FTC) challenging patent settlements between pioneer drug companies and generic drug companies. Because of the impact that these types of settlements may have on consumers, numerous proposals for reform of the Hatch-Waxman Act have been made. The paper will conclude by addressing those proposals and offering an analysis as to which proposals are most likely to benefit consumers in the long run. en
dc.language.iso en_US en
dash.license LAA en_US
dc.subject Food and Drug Law en
dc.subject drugs en
dc.subject regulation en
dc.subject prices en
dc.subject anti-trust en
dc.subject Hatch-Waxman en
dc.title The Anticompetitive Impact of Settlements in the Pharmaceutical Industry: The Need for Revisions to the Drug Price Competition and Patent Restoration Act of 1984 en
dc.type Paper (for course/seminar/workshop) en_US
dc.date.available 2012-06-07T20:12:28Z

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