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'Product-Hopping' Can Be Snagged Under the Antitrust Laws

Branded drug companies naturally want their exclusivity period to last as long as possible. Extending a period of market dominance without patent or regulatory protection, however, raises antitrust concerns. One recent practice, called "product-hopping," has started to generate private antitrust claims from generic drug companies and end users.

21 minute read February 28, 2015 at 11:00 PM
By
Carl W. Hittinger, Gary Levin and William T. DeVinney
'Product-Hopping' Can Be Snagged Under the Antitrust Laws

The Drug Price Competition and Patent Term Restoration Act, more commonly known as the Hatch-Waxman Act, together with the patent laws, attempt to advance the competing goals of preserving pharmaceutical companies' incentives to make the staggering investments necessary to bring new, improved drugs to market, as well as fostering lower prices through competition from generic versions of branded drugs.

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