Elizabeth Warren Plan Would Allow the Government to Manufacture Its Own Generic Drugs
The Intercept has the article Elizabeth Warren Plan Would Allow the Government to Manufacture Its Own Generic Drugs.
Warren introduced legislation on Tuesday with Rep. Jan Schakowsky, D-Ill., that would create an Office of Drug Manufacturing within the Department of Health and Human Services. That office would have the authority to manufacture generic versions of any drug for which the U.S. government has licensed a patent, whenever there is little or no competition, critical shortages, or exorbitant prices that restrict patient access.
I don’t get it. Drugs become generic when the patent runs out. This used to be the brake on rising drug prices until the industry figured out they could get away with violating the laws by fixing prices. If we just enforced the laws we already have, life would get back to normal when we used to have a Department of Justice that was not blind to white collar crime at the highest levels.
The concept of “restraint of trade” seems to have let the public conversation, so I looked it up to see if I was dreaming that such a concept ever existed. WikiPedia has a long article on Restraint of Trade. Here is part of what it said with respect to the concept in the USA.
In the US, the first significant discussion occurred in the Sixth Circuit’s opinion by Chief Judge (later US President and still later Supreme Court Chief Justice) William Howard Taft in United States v. Addyston Pipe & Steel Co.[9] Judge Taft explained the Sherman Antitrust Act of 1890[10] as a statutory codification of the English common-law doctrine of restraint of trade, as explicated in such cases as Mitchel v Reynolds.[11] The court distinguished between naked restraints of trade and those ancillary to the legitimate main purpose of a lawful contract and reasonably necessary to effectuation of that purpose.[12] An example of the latter would be a non-competition clause associated with the lease or sale of a bakeshop, as in the Mitchel case. Such a contract should be tested by a “rule of reason,” meaning that it should be deemed legitimate if “necessary and ancillary.” An example of the naked type of restraint would be the price-fixing and bid-allocation agreements involved in the Addyston case. Taft said that “we do not think there is any question of reasonableness open to the courts to such a contract.” The Supreme Court affirmed the judgment. During the following century, the Addyston Pipe opinion of Judge Taft has remained foundational in antitrust analysis
