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agree agreement allow ANDA anticompetitive antitrust antitrust laws applicant approval argument believe benefit bill brand company brand name brand-name company brand-name drug bring Chairman challenge Circuit Committee compete competition concern Congress consideration consumers Continued costs court create deals decision delay discussion drug drug companies early effect Eleventh encourage enter the market entry example exclusivity expiration fact Federal Trade Commission filed firm going Hatch-Waxman hearing important incentive industry infringement innovation interest invalid involving issue legislation LEIBOWITZ less look manufacturer medicines million parties patent challenges patent holder patent litigation patent settlements percent period pharmaceutical position potential prescription drugs prevent problem profits Prohibited proposed protection question reason Reports result reverse payment risk rule savings Schering-Plough Second Senator HATCH Senator Kohl settle statement Study testimony Thank valid
Página 55 - The aim and result of every price-fixing agreement, if effective, is the elimination of one form of competition. The power to fix prices, whether reasonably exercised or not, involves power to control the market and to fix arbitrary and unreasonable prices.
Página 55 - Agreements which create such potential power may well be held to be in themselves unreasonable or unlawful restraints, without the necessity of minute inquiry whether a particular price is reasonable or unreasonable as fixed and without placing on the government in enforcing the Sherman Law the burden of ascertaining from day to day whether it has become unreasonable through the mere variation of economic conditions.
Página 55 - However, there are certain agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use.
Página 121 - This written statement represents the views of the Federal Trade Commission. My oral presentation and responses to questions are my own, and do not necessarily represent the views of the Commission or any other Commissioner.
Página 6 - I can' swear you in. Do you swear that the testimony you are about to give to the Subcommittee will be the truth, the whole truth, and nothing but the truth, so help you, God?
Página 121 - Deborah Platt Majoras, Chairman of the Federal Trade Commission.' I appreciate the opportunity to appear before you today to discuss the laws currently applicable to resellers of consumer information, commonly known as "data brokers.
Página 16 - Do you solemnly swear that the testimony you are about to give before this committee will be the truth, the whole truth, and nothing hut the truth, so help you God ? Mr.
Página 77 - The Federal Trade Commission and the Antitrust Division of the Department of Justice will continue active programs of enforcement of the antitrust laws in the energy industries.