We believe the U.S. Department of Justice, Federal Trade Commission, state attorneys general, and private parties should review Turing’s behavior and consider bringing an antitrust case to challenge its potentially harmful effects on competition. Courts have treated companies that sacrifice profits in refusing to deal with potential rivals as monopolists that violate the antitrust laws. For starters, Turing seems to have monopoly power in the market for pyrimethamine, as demonstrated by its ability to command such an exorbitant price increase. Other types of evidence that show monopoly power are the apparent lack of alternative therapies that are as effective, and hospitals’ reported inability to obtain the medication.
Read Full Article »
