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Forum (Forum & Focus)

Jun. 29, 2009

Pay for Delay

Health care, patent and antitrust laws are colliding in cases of branded drug companies paying potential generic competitors to stay out of the market, writes Dan Mogin.

FORUM COLUMN

By Dan Mogin

The Hatch-Waxman Act was enacted in 1984 to promote generics while preserving a financial incentive for research and development through patent extension. Likewise, the patent laws are designed to promote innovation and invention by granting a limited term monopoly. The antitrust laws are designed to promote competition so that market participants, including businesses and ordinary consumers, have economic choices and rec...

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