This editorial neatly summarizes the problem and concludes that the FTC "is taking aggressive action to curb the practice. It needs help from Congress to close loopholes in federal law." My bill slams the door shut on would-be violators by exposing the deals to our competition enforcement agencies. Under current law, manufacturers of generic drugs are encouraged to challenge weak or invalid patents on brand-name drugs so that consumers can enjoy lower generic drug prices. Current law grants these generic companies a temporary protection from competition to the first manufacturer that gets permission to sell a generic drug before the patent on the brand-name drug expires. This approach then gives the generic company a 180-day headstart on other generic companies. That was a good idea--the unfortunate loophole exploited by a few is that secret deals can be made that allow the manufacturer of the generic drug to claim the 180-day grace period--to block other generic drugs from entering the market--while, at the same time, getting paid by the brand-name manufacturer to not sell the generic drug. The bill I am introducing today will shut this loophole down for companies who want to cheat the public, but keeps the system the same for companies engaged in true competition with each other. This bill would give the FTC or the Justice Department the information it needs to take quick and decisive action against companies driven more by greed than by good sense.
Editor's note · Context
Discussing legislation to close loopholes in drug patent laws and prevent anti-competitive practices.
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