Studies on Competition and Antitrust Issues in the Pharmaceutical Industry
This publication examines how drug originator manufacturers manage to shield their products from competition. It characterizes the pharmaceutical industry in detail and analyzes actions that violate antitrust laws in the USA and/or the European Union. The
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Studies on Competition and Antitrust Issues in the Pharmaceutical Industry
BestMasters
Springer awards „BestMasters“ to the best master’s theses which have been completed at renowned Universities in Germany, Austria, and Switzerland. The studies received highest marks and were recommended for publication by supervisors. They address current issues from various fields of research in natural sciences, psychology, technology, and economics. The series addresses practitioners as well as scientists and, in particular, offers guidance for early stage researchers.
Ann-Kathrin Lehnhausen
Studies on Competition and Antitrust Issues in the Pharmaceutical Industry With a preface by Dr. Johannes Paha
Ann-Kathrin Lehnhausen Gießen, Germany
BestMasters ISBN 978-3-658-16550-5 ISBN 978-3-658-16551-2 (eBook) DOI 10.1007/978-3-658-16551-2 Library of Congress Control Number: 2016959244 Springer Gabler © Springer Fachmedien Wiesbaden GmbH 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer Gabler imprint is published by Springer Nature The registered company is Springer Fachmedien Wiesbaden GmbH The registered company address is: Abraham-Lincoln-Str. 46, 65189 Wiesbaden, Germany
Preface The pharmaceutical industry has increasingly moved into the focus of antitrust authorities. Allegations of anticompetitive conduct by drug manufacturers can be read in the news every week. This is because innovative drugs are frequently offered by just one firm holding a dominant position in the respective sub-market. Initially, such a position may be granted by patent rights and other forms of protection of intellectual property (IP). The market power (i.e., prices above variable production costs) being established by IP laws helps pharmaceutical companies to earn revenues covering the research and development expenses incurred not only for the marketed drugs but also for drugs that never made it to the market. Insofar, some degree of market power for a pre
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