Old Weapons with A New Purpose – Using Antitrust Laws to Control Drug Pricing

By Thomas Sullivan Last updated May 5, 2018

U.S. Antitrust laws traditionally have been used to address, manage, and deter companies from engaging in anti- competitive conduct at the expense of consumers. Recently, the Government has turned to the antitrust laws to combat increasing drug prices. However, significant questions remain as to whether U.S. antitrust laws are an effective means to curb perceived excessive drug prices.

Pharmaceutical pricing and the annual price increases have been the subject of debate for many years. However, that discussion turned acrimonious in 2016. The acrimony was fueled in part by a contentious Presidential contest, but the actions of the industry itself stoked the fire.

The actions of Turing, Mylan and Valeant, served to galvanize the public and Congress. In the case of Turing, it was for the sudden price increase of its drug Daraprim, used to treat toxoplasmosis, a parasitic infection especially dangerous to AIDS patients and others with compromised immune systems. For Mylan it was for the EpiPen, and for Valeant, it was for Nitropress used to treat dangerously high blood pressure, and Isuprel for the treatment of heart rhythm problems.