[Ip-health] IGWG, U.S. Competition Policy and Pharmaceutical Patent Abuse

[robert weissman]

In light of IGWG debate over whether WHO should assist developing
countries in adopting and implementing competition policies to prevent
or remedy anti-competitive practices related to the use of medicinal
patents, Essential Action has prepared a briefing note on U.S. use of
competition policy in this area.

The briefing note is available here:

http://www.essentialaction.org/access/index.php?/archives/144-U.S.-Competition-Policy-and-Pharmaceutical-Patent-Abuse.html

This briefing note explains that the United States commonly makes
aggressive use of competition policy to remedy abuses related to
medicinal patents.

U.S. competition authorities often issue compulsory licenses in
conjunction with merger approval decisions, as a means to ensure
competition in particular markets is maintained post-merger. Competition
authorities have repeatedly prosecuted cases to prohibit collusive
arrangements between patent holders and generic firms that are designed
to delay generic competition. Private parties have repeatedly filed
successful lawsuits under competition law principles to win redress for
excessive pricing and patent-related abuses. Additionally, the
government and private parties have invoked a statute aimed at
curtailing fraud against the government to remedy anti-competitive
practices.