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Business Ethics & Legal Issues- Antitrust Laws

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Why would the drug maker want to stymie generic competition? Explain.
The best reason is cost. It takes an average of 8 years and $100 M US to bring a new drug to market. Because of such extreme costs, the manufacturer wishes to cash in as long as possible on the drug success as he has to recoup whatever costs were first put in for the research and development of the medication.

A generic competitor, on the other hand, has no up-front costs to take into consideration. Once the product is off-patent, the competitor is free to isolate the formula and re-create the drug, all without the costs that still have to be paid out by the company and therefore back to the shareholders. By styming such rights, the manufacturer has a longer time to turn a profit, but more importantly, get the original investment back from the current users of the drug.

What types of legal barriers to market entry exist?
Research and development (patents--both as patent creation and then patent prosecution and protection)
Costs
Marketing streams (such as agreements with doctors, pharmacies, and hospitals to promote or utilize the drugs, and then making sure that the doctors legally and properly utilize the drugs)
Significant legal barrier

What are the possible ethical dilemmas present in this example?
There are possible issues here with trade agreements, which are illegal under the Sherman AntiTrust Act. Also, there is an issue with costs--since companies are directly refusing to compete, the buyers lose out and as such an unfair agreement has taken place.Dimitry Alexander Kaplun40281.1716250347 Expert Type | Attorney | Category: | Business Law | Pos. Feedback: | 98.5 % | Accepts: | 1005 | Answered: | 4/13/2010 |
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