Jump to ContentJump to Main Navigation
Innovation for the 21st CenturyHarnessing the Power of Intellectual Property and Antitrust Law$
Users without a subscription are not able to see the full content.

Michael A. Carrier

Print publication date: 2009

Print ISBN-13: 9780195342581

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195342581.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 June 2021

Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality

Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality

Innovation for the 21st Century

Michael A. Carrier

Oxford University Press

This chapter explains why agreements by which brand-name pharmaceutical companies pay generic firms to settle patent infringement litigation and agree to delay entering the market should be presumptively illegal. It begins by introducing the Hatch-Waxman Act, exploring its purpose, text, and mixed success. It then discusses three representative cases illustrating courts' increased leniency toward reverse payment agreements. In justifying a framework for presumptive illegality, the chapter explains the importance of the relevant regulatory framework. It demonstrates the ineffectiveness of the Act's competition mechanisms. It focuses on reverse payments, describing their uniquely concerning aspects and potentially severe anticompetitive harm. Finally, it shows how the settling parties can rebut the presumption of illegality.

Keywords:   antitrust, Hatch-Waxman Act, settlement, reverse payments, pharmaceutical industry, Food, Drug, and Cosmetic Act, 2003 Medicare amendments, Schering-Plough, Tamoxifen, market division

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .