'It’s a bad-faith ploy that affects millions of people, potentially endangering the lives of patients who can’t afford needed medicine. And it could become illegal in California.' Davidlaz writes:
California might make it illegal for"anything of value" to change hands as part of industry agreements to delay introduction of cheaper generic medicines.
“We know these agreements happen. Everyone knows it,” Assemblyman Jim Wood , the author of the bill, told me. This is typically done by direct payments or promises of profit sharing, or by the brand-name maker pledging not to bring out its own “authorized” generic to compete directly with the generic manufacturer. The deals are often reached during settlements of patent litigation.$3.5 billion a year“Pay-for-delay agreements are ‘win-win’ for the companies,” the FTC said in a 2010 study.
Many pay-for-delay deals are made in the shadows of the drug industry and are difficult to prove. Sometimes, however, they’re so shamelessly anti-competitive that they tumble into the sunlight.
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