An FTC Study
The use of generic drugs has increased exponentially over the past 20 years. When the Hatch-Waxman Amendments were enacted in 1984 to create opportunities for market entry by generic drug manufacturers, generic drugs accounted for 19% of the prescriptions filled for pharmaceutical products. In 2002, when this work was published, they comprised more than 47% of the prescriptions filled. Despite that success, several brand name and generic drug companies arranged anti-competitive agreements to keep certain generic drugs off the market, taking advantage of two exploitable provisions of Hatch-Waxman. Their actions forced the FTC to take antitrust actions against these companies and led to Generic Drug Entry Prior to Patent Expiration: An FTC Study, which examines whether the conduct challenged by the FTC was isolated, or if this abuse is more typical.
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Originally Published (e-version): Washington; Federal Trade Commission; 2002
Reprinted: Buffalo; William S. Hein & Co., Inc.; 2003