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Article
An Economic Assessment of Patent Settlements in the Pharmaceutical Industry
Annals of Health Law (2010)
  • Bret Dickey, Compass Lexecon
  • Jonathan Orszag, Compass Lexecon
  • Laura Tyson, University of California - Berkeley
Abstract
In recent years, patent settlements between branded and generic manufacturers involving “reverse payments” from branded manufacturers to generic manufacturers have received close antitrust scrutiny, driven by concerns that such settlements harm consumers by delaying the entry of lower-priced generic drugs. It appears that such settlements will be a focus of the Obama Administration’s antitrust enforcement policy. Yet there is a growing consensus among the courts that such settlements are anticompetitive only under narrow sets of circumstances. In this paper, we present an analytical framework for evaluating the competitive effects of patent settlements, including those involving reverse payments, and demonstrate that these settlements can benefit consumers. Thus, we conclude that while continued scrutiny of such settlements is important, broad brush treatments are inappropriate and only a more individualized evaluation can correctly determine the competitive effects of a particular settlement agreement.
Publication Date
Winter 2010
Citation Information
Bret Dickey, Jonathan Orszag and Laura Tyson. "An Economic Assessment of Patent Settlements in the Pharmaceutical Industry" Annals of Health Law Vol. 19 Iss. 2 (2010)
Available at: http://works.bepress.com/bret_dickey/2/