Why would the drug maker want to prevent or delay generic competition? Explain. What types of legal barriers to market entry exist for the generic?

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Antitrust laws were essentially created to stop businesses that got too large from blocking competition and abusing their power. Mergers and monopolies can limit the choices offered to consumers because smaller businesses are not usually able to compete. Although free and open competition ensures lower prices and new and better products, it has the potential to significantly limit market diversity.

Review the following examples of how mergers and acquisitions have affected the way in which companies do business.

Prepare a research paper in APA format that demonstrates your analysis of the international legal issues that are involved in both examples.

Submitting your assignment in APA format means, at a minimum, you will need the following:

  • Title page: Remember the running head and title in all capital letters.
  • Abstract: This is a summary of your paper, not an introduction. Begin writing in third-person voice.
  • Body: The body of your paper begins on the page following the title page and abstract page, and it must be double-spaced between paragraphs. The typeface should be 12-pt. Times Roman or 12-pt. Courier in regular black type. Do not use color, bold type, or italics except as required for APA level headings and references. The deliverable length of the body of your paper for this assignment is 5–7 pages. In-text academic citations to support your decisions and analysis are required. A variety of academic sources is encouraged.
  • Reference page: References that align with your in-text academic sources are listed on the final page of your paper. The references must be in APA format using appropriate spacing, hang indention, italics, and upper- and lower-case usage as appropriate for the type of resource used. Remember, the reference page is not a bibliography, but it is a further listing of the abbreviated in-text citations used in the paper. Every referenced item must have a corresponding in-text citation.
Example 1
Federal antitrust enforcers are investigating whether a multinational pharmaceutical company has attempted to minimize the impact of generic competition to one of its most profitable prescription drugs. This anti-depressant drug is the company’s best seller, with sales last year of $2.11 billion, representing a 22% increase from the year before.
The Federal Trade Commission (FTC) is conducting an investigation to determine whether the company has engaged in activities to prevent generic alternatives to the prescription drug from entering the market. Specifically, the FTC is challenging a practice among brand-name and generic-drug manufacturers to agree to delay the introduction of the lower priced generic drugs to the market.
1. Why would the drug maker want to prevent or delay generic competition? Explain.
2. What types of legal barriers to market entry exist for the generic?

 

3. What are the possible ethical dilemmas present in this example?
Example 2

The boards of 2 major telecommunications companies recently agreed to a $16 billion-dollar merger that would create the world’s largest telecommunications company. Although some agree that the synergy between these companies could be dynamic, others feel consumers could ultimately pay the price for the merger depending on which company becomes dominant in the various service areas.

1. Why do you think consumer advocates have expressed concern over such merger possibilities?

2. Other than pricing, what are some pitfalls that consumers might have to deal with when 2 major companies merge?

3. What are the possible ethical dilemmas present in this example?

 

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