Drug Patent ‘Gaming’ Raises Antitrust Questions in Congress (1)

Lawmakers are delving into antitrust questions as part of their year-long quest to identify, name, and stop the various tactics brand drugmakers allegedly use to keep their profits high using patent regulations.

A House Energy and Commerce consumer protection subcommittee heard from academics and generic drug groups Sept. 19 to outline what sort of legislation would be effective at promoting drug competition while also preserving brand drugmakers’ incentive to make improved products. The crux of the debate surrounds how regulators define “anticompetitive” actions versus actions that just make good business sense.

Drug patents have been an underlying current in the ...