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Generics access legislation

This article was originally published in The Tan Sheet

Executive Summary

The "Preserve Access to Affordable Generics Act" (S 316) has been approved by the Senate Judiciary Committee, according to a Feb. 15 announcement. The bill prohibits marketers of proprietary pharmaceuticals from paying generic drug companies to delay introduction of generic versions of drugs. Sen. Herb Kohl, D-Wis., et al. introduced the bill Jan. 17 to "support the purpose and intent of antitrust law by prohibiting anticompetitive agreements and collusion in the pharmaceutical industry," and to "clarify the law to prohibit payments from brand name generic drug manufacturers with the purpose to prevent or delay the entry of competition from generic drugs," according to the bill's text. The legislation also would require FTC to conduct a study on the prevalence in the pharmaceutical industry of anticompetitive agreements or other practices contrary to antitrust laws...

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