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Misdiagnoses and wrong prescriptions : R&D divestitures in the pharmaceutical industry

The emergence of biotechnology necessitating change in traditional pharmacological research, cost cutting by hospitals and health insurers, and an increasing number of patent expirations have posed a considerable challenge to the pharmaceutical industry, which hitherto had been considered recession-proof. Responding to this challenge, the industry has undergone tremendous consolidation through mergers and acquisitions (M&As). These M&As have resulted in high concentration within the therapeutic classes of drugs, thereby raising anticompetitive concerns. / In order to allow the mergers to proceed, the Federal Trade Commission in the U.S. had required the merging entities to divest their R&D assets. The European Commission, on the contrary, had taken more permissive approach. / The thesis has argued that R&D divestitures in pharmaceutical cases have not been appropriate as anticompetitive concern arises owing to the acquisition of market power with drug purchasers, rather than the combination of R&D assets. The innovative nature of the industry, and the costs and risks involved in drug discovery make it hard to analyze the likely future state of the market. Ex-post analysis shows that divestiture in these cases proved counterproductive. / It is suggested that ex-post remedies like compulsory licensing and price regulation are preferable in pharmaceutical mergers, as they do not disrupt the companies' R&D structure. Moreover, these remedies could be applied once the anticompetitive concerns become apparent the merger is consummated, thereby allaying the uncertainty involved in the assessment of the future state of innovation markets.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.78208
Date January 2002
CreatorsChauhan, Iqbal
ContributorsJanda, Richard (advisor)
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageEnglish
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Comparative Law.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 001983351, proquestno: AAIMQ88115, Theses scanned by UMI/ProQuest.

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