Over the past decade, “incremental innovation” (pharmaceutical innovations that improve on existing drug therapies) has accounted for 70% of the new drugs approved in the US and a substantial portion of the industry’s revenues. However, concerns that reformulated drugs are being used to delay or preclude generic competition have given rise to a number of high-profile antitrust suits, including cases concerning the drugs BuSpar, Nexium/Prilosec, and DDAVP, among others. Click here to download a PDF of this article:
Broadcom/VMware: Navigating foreclosure theories across different jurisdictions
This case presented numerous conceptual challenges, notably the differing outcomes of the competitive assessments across 12 jurisdictions. While Broadcom was...