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N° 4-2006

Brand name drugs and generic drugs at war

CASE STUDY: LAWS & ECONOMICS - DRUGS - GENERIC/BRAND NAME DRUGS

This article and the following table provide an update of our study published in Concurrences, N° 1-2006. Since the beginning of 2006, the economic and legal battle fought between brand name drug companies and their generic competitors has undergone new developments. The present contribution focuses on two types of behaviour that have recently drawn the attention of antitrust authorities and courts in the US: the marketing of an own generic drug by a brand name company during the exclusivity period granted to the first generic “Paragraph IV”-ANDA applicant; the rise in settlement agreements between brand name drug companies and their generic challengers.

Author(s) :

Emmanuel Combe
Professor
University Sorbonne

Heiner Haug
Researcher

Language : français

Date of publication : December 2006

Citation : Emmanuel Combe, Heiner Haug, Brand name drugs and generic drugs at war, Concurrences, N° 4-2006, n°12584, pp. 166-173