The antitrust analysis of product hopping is nuanced. The conduct, which consists of a drug company’s reformulation of its product and encouragement of doctors to switch prescriptions to the reformulated product, sits at the intersection of antitrust law, patent law, the Hatch-Waxman Act, and state substitution laws, and involves uniquely complicated markets with different buyers … Continue reading Prof. Carrier writes article on product hopping…
Author: Michael Carrier
Prof. Carrier quoted in NY Times
Professor Carrier was quoted in the N.Y. Times on Allergan’s strategy of transferring patents to a Native American tribe to avoid review at the Patent Office.
Antitrust role for product hopping
Pleased to announce publication of A Non-Coercive Economic Approach to Product Hopping (with Steve D. Shadowen) in Antitrust magazine. Drug companies sometimes make trivial changes to products just to stifle generics. Some say very little role for antitrust. Shadowen and I respond. In particular, in Doryx, Namenda, and Coercion, Jack E. Pace III and Kevin … Continue reading Antitrust role for product hopping…
Professor Carrier moderating panel on Capitol Hill
Coalition Against Patent Abuse launches tomorrow. Keynote from Rep. Frank Pallone; Prof. Carrier moderating panel with Wayne Brough, Adam Garber, David Mitchell, & George Slover.
Addressing Abusive Citizen Petitions
“Citizen petitions” filed with the FDA are supposed to raise legitimate safety concerns. But my work has shown that nearly all are filed by brand drug firms and that the FDA denies more than 90 percent of them. The FDA has offered draft guidance to address abusive citizen petitions. My comment applauds this attention and … Continue reading Addressing Abusive Citizen Petitions…